SANTOSH POSWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners allege breach, to their detriment, of Rule 6D of the Rajasthan Educational Subordinate Service Rules, 1971 (hereinafter 'the Rules of 1971') which reads as under:-

(2.) The case of the petitioners, all erstwhile Teachers Gr.III Level I and II with the Panchayati Raj and Rural Development Department (Panchayat Department) is that while transferring them from the Panchayat Department to the Secondary Education Department (Education Department), Rule 6D of the Rules of 1971 has been breached on various counts. It has been submitted that subsequent to the transfers, in the counselling for posting in the schools of the Education Department, Seniority cum preference for posting on vacant posts was arbitrarily negated inter alia by suppression of information on vacant posts to which posting could be sought. Further teachers posted in urban areas on their request have been conferred an unfair advantage by being entitled to continue on such posts without regard to their competing seniority vis-a-vis the petitioners. This modus, according to the petitioners, facilitates favouritism in postings for connected and influencial transferred teachers to choice schools on the one hand and discrimination against the petitioners on the other hand.

(3.) Mr.Y.S. Jadoun appearing on behalf of the respondents submitted that the issue agitated in this petition is covered in principle by the judgement of this court in the case of Surendra Kumar Bhatt and others Versus State of Rajasthan and Others and other connected matters decided on 3/12/2015, SBCWP No.16671/2015. Therein the court dealing with transfer orders under Rule 6D of the Rules of 1971 from the Panchayat Department to the Education Department while refusing to interfere with such orders under challenge before it disposed of the petitions with a direction to the respondents that in resorting to Rule 6D of the Rules of 1971 they adhere to the rule of seniority of all Grade III Level I and II teachers in the Panchayat Raj Department. And it was further directed that if any senior Grade-III teacher were left out from being transferred from the Panchayat Department to the Education Department, and contrarily any junior teacher had been yet transferred, corrective steps with regard to the resultant contravention of Rule 6D of the Rule of 1971 be taken within a period of four weeks of the receipt of the court's order. Mr.Y.S. Jadoun submitted that the same issue i.e with regard to transfer of Teacher Gr.III Level I and II from the Panchayat Department to Education Department by resort to Rule 6D of the Rules of 1971 again came up for consideration of this court in SBCWP No.10232/2016 titled Smt.Rooplata Meena Versus State of Rajasthan and Others and other connected matters which were decided on 19/8/2016. Therein the court issued multiple directions to the respondents to ensure the statutory integrity of the process of transfers and for the appropriate allocation of schools to those transferred. Mr.Y.S. Jadoun then submitted that as this court under Article 226 of the Constitution of India exercises discretionary jurisdiction, a writ is not to issue as a matter of course even where any deviation from the statutory rule is made out if interference by the court would entail detriment to public interest. In this context Mr.Y.S. Jadoun submitted that the petitioners are all Teachers Gr.III Level I and II engaged to instruct at the Primary and the Upper Primary level (Class-I to V and VI to VIII) students in government schools where ordinarily the less affluent parents send their children. He submitted that holding of classes in government school's where the Grade-III Level I and II teachers are posted is absolutely imperative for desirable academic outcomes of children reading in such schools.