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Judgment
It is submitted by learned counsel for the petitioner that the
issue raised in the present writ petition is covered by the
judgment of this Court in the case of Kheta Singh Vs. State of
Raj. & Ors. (S.B. Civil Writ No. 13504/2016) decided on
21.11.216. The only difference being that petitioner had not
approached the Rajasthan Civil Services Appellate Tribunal (''the
Tribunal'').
In view of the submissions made, the present writ petition
filed by the petitioner is decided with the same directions in terms
of judgment rendered in the case of Kheta Singh (supra), wherein
the following directions have been issued:
"It is submitted by learned counsel for the petitioner that this Court in the case of Smt. Rooplata Meena v. State of Rajasthan & Ors. : SBCWP No.10232/2016 - decided on 19.8.2016 at Jaipur Bench, had issued certain directions and the order dated 23.5.2016 passed by the respondents is contrary to the said directions. Now, in case the said directions are faithfully complied with by the respondents. The grievance of the petitioner would be redressed.
Further submissions has been made that the judgment in the case of Smt. Rooplata Meena (supra) has been followed by a Coordinate Bench of this Court in the case of Lokesh Kumar v. State of Rajasthan & Ors .:SBCWP No.11189/2016, decided on 29.9.2016, and Rewat Singh Champawat Vs. State of Rajasthan & Ors.: CWP No. 11910/2016, decided on 19.10.2016 and therefore the respondents may be directed to comply with the directions laid down in the case of Smt. Rooplata Meena (supra).
In the circumstances of the case, where from the order dated 23.5.2016 passed by the respondents, it is not reflected as to whether the parameters laid down in the case of Smt. Rooplata Meena (supra), which order was passed subsequent to the passing of the order dated 23.5.2016 have been complied with by the respondents, and the Tribunal has not dealt with the said aspect of the matter, it would be in fitness of things that petitioner is granted another opportunity to make a detailed representation making out a case based on the directions issued in the case of Smt. Rooplata Meena (supra) and a direction be issued to the respondents to decide the said representation based on the parameters laid down in the case of Smt. Rooplata Meena (supra) within a period of three weeks by way of a speaking order.
In view of the above, the writ petition filed by the petitioner is disposed of with a direction to the petitioner to file a detailed representation within a period of ten days with the respondents No.2 and 3 i.e. Director Secondary Education and District Education Officer, who would decide the representation made by petitioner as directed hereinbefore within a period of three weeks from the date of filing of the representation."
The writ petition stands disposed of accordingly.