Mohit Kumar vs State Of Rajasthan And Ors

In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

"I. by an appropriate writ, order or direction, the impugned order dated 16.10.2019 (Annex.17) passed by the respondent authority may kindly be quashed and set aside.

II. by an appropriate writ, order or direction, the respondents may kindly be directed to issue Special bonafide certificate of TSP area in favour of the petitioner in pursuance of Notification dated 04.07.2016 (Annex.18).

III. Further it may be declared that the petitioner is entitle for issuance of Special bonafide certificate due to considering his residence of TSP area on the basis of living his mother in TSP area prior to 01.01.1970.

IV. Further by an appropriate writ, order or direction, the respondents may kindly be further directed to consider the petitioner for appointment on the post of Teacher Grade III subject English (Level II) according to his merit being a resident of TSP area."

At the outset, Mr. Manish Vyas, learned Additional Advocate General submits that the present controversy is no more res integra, as the same is covered by the judgment rendered by this Court in Neeta Sharma Vs. The State of Rajasthan & Ors. (S.B. Civil Writ Petition No..15206/2017 decided on 21.02.2018), which reads as under:

"1.Petitioner has preferred this writ petition praying for the following reliefs :-

"It is therefore humbly and respectfully prayed that by a writ of mandamus or any other appropriate writ order or direction, the respondents may be directed that :-

That the respondent No. 2 & 3 may be directed to issue a special bonafide certificate of TSP area in favour of the petitioner in pursuance of the notification dated 04.07.2016 (Annex.-7)

That it may be declared that the petitioner is entitled for issuance of the bonafide certificate due to considering her a resident of TSP area on the basis of living her mother in TSP area prior to 01.01.1970.

That the respondents may further be directed to consider the petitioner for appointment on the post of Teacher Grade - III (English) (Level-II) according to her merit being a resident of TSP area.

That the writ petition may be allowed with all consequential relief and the cost.

Any other order or direction which may deemed just and proper kindly is passed in favour of the petitioner."

The petitioner is resident of District Pratapgarh which falls under the Tribal Sub Plan (TSP) area. The petitioner sought recruitment on the post of Teacher Grade-III in subject English for the TSP seats as per the advertisement issued by the respondents for appointment under the Rajasthan Primary & Upper Primary Teacher (Level - II) Direct Recruitment 2016.

The petitioner is a bonafide resident of TSP area and also has a special bonafide resident certificate issued by the Tehsildar, Pratapgarh in pursuance of the circular issued by the Department of Home dated 19.07.2013. As per her own merit, the petitioner stands selected for the TSP area under the Zila Parishad, Pratapgarh.

It is not disputed by either of the parties that the petitioner's mother Smt. Maya Sharma was born in Pratapgarh District on 07.07.1969 and is daughter of one Shri Priddhuman Kumar s/o Shri Bhawani Shankar and as per the notification for TSP area, she was born in Pratapgarh before 1.1.1970. The circular dated 04.07.2016 stipulates that the candidate shall be entitled for TSP benefits if his mother or father was born in TSP area before 1.1.1970 and admittedly, the mother of the petitioner is born at Pratapgarh on 07.07.1969. The petitioner even after being selected on the post of Teacher Grade-III in subject English in the category of female general for the post reserved for TSP area, should have been considered on the basis of the circular dated 04.07.2016 but her rights are not being finalised by the respondents.

Learned counsel for the respondents refutes the submission on the count that the circular dated 04.07.2016 stipulating the conditions of TSP area, speaks of the person residing in the TSP area after 1.1.1970.

The relevant portion of the circular dated 04.07.2016 is reproduced as follows:-

" स्पष्टीकरणः- अनुसूचित क्षे़त्र के अभ्यर्थियों से ऐसे व्यक्ति अभिप्रेत है जो अनुसूचित क्षेत्र के सदभावी निवासी है और जो स्वयं या यदि उनका जन्म 1 जनवरी 1970 के बाद हुआ है तो उनके माता-पिता /पूर्वज 1 जनवरी 1970 के पूर्व से अनुसूचित क्षेत्र के सदभावी निवासी रहे है। "

After hearing the learned counsel for the parties, this Court observes that the petitioner who is selected on merit for the post of TSP general female Teacher Grade- III Level-II in English subject possesses the certificate of bonafide resident as well as special bonafide resident as issued by the Tehsildar, Pratapgarh which is dated 28.01.2014. This Court also finds that the petitioner's mother was born in Pratapgarh district on 07.07.1969 and was a permanent resident of Pratapgarh. The petitioner's mother was born in the family of one Priddhuman Kumar s/o Shri Bhawani Shankar and she was a resident of Pratapgarh district. The respondents have not disputed the residence of the petitioner's mother. This Court also finds that the circular prescribed for definition belonging to TSP area to be of those persons who were either themselves or their parents were born on or before 01.01.1970 in such area and were bonafide residents. Admittedly, the petitioner has a special bonafide residential certificate and her mother was a bonafide resident of Pratapgarh.

In light of the aforesaid, the present writ petition is allowed and the respondents are directed to consider the petitioner as resident of TSP area and consider her candidature on the post of Teacher Grade-III (Level-II) for subject English and to give appointment to her if she is otherwise possessing the necessary eligibility and is in merit. It is further made clear that the petitioner shall be considered in the category of woman TSP general. "

In light of the aforequoted judgment, the present petition is allowed in the same terms, and the respondents are directed to consider the petitioner as a resident of TSP area and consider his candidature on the post of Teacher Grade III (Level II) for Subject English and to give appointment to him if he is otherwise possessing the necessary eligibility and is in merit. It is further made clear that the petitioner shall be considered in the respective category of TSP area. The stay application as well as all pending applications stand disposed of accordingly.