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Judgment
The above noted writ petition has been filed with a prayer
that respondents have allotted districts to persons having lessor
marks than the petitioner in their home districts or near their
home districts whereas the petitioner who belongs to Sikar District
has been given posting at Nagaur District.
Learned counsel appearing on behalf of the petitioner has
placed reliance on a judgement rendered by a coordinate bench of
this court in S.B.Civil Writ Petition No.9371/2014 Shiv Prasad
Nmiwal V/s State of Rajasthan & Ors. decided on 20.07.2015
wherein it was held that posting to the petitioner should be given
as per his merit position. Further reliance has also been placed
upon judgment rendered by coordinate bench of this court at
Jaipur in Civil Writ Petition No.15668/2012 Monika Meel V/s The
Deputy Director, Secondary Education, Jaipur wherein it has been
held that meritorious candidates should get preference in their
posting. It is also submitted that one post of School Lecturer
(Physics) is lying vacant in Sahid Chandan Singh Govt. Adarsh
Senior Secondary School Chudoli Khakholi (Dhodh) Sikar.
There is no dispute that the petitioner had obtained 569
position in the merit and has been given posting in district Nagaur
whereas the persons who are lesser meritorious to her have been
given posting either in their home districts or near by.
A perusal of the judgment rendered in the case of Monika
Meel (supra) shows that direction has been given to the State
Government to regulate postings keeping in mind that meritorious
candidates would get preference of posting. In Shiv Prasad
Nimiwal, coordinate bench of this court had also directed the
respondents to give posting to the petitioner as per his merit
position. There is no dispute with the fact candidates less
meritorious than the petitioner have been given their home
districts ignoring the right of the petitioner. This is despite the fact
that a general direction had been given as far back as 2012 to the
State to regular posting of selected candidates as per merit.
In view of above, this writ petition is disposed of with a
direction to the respondents to consider case of the petitioner and
give him posting on the basis of his merit, if there is a post that is
lying vacant in District Sikar. The needful be done within a period
of four weeks from today.
The writ petition stands disposed of accordingly.