Poonam Sharma vs State Of Rajasthan And Ors

Learned counsel appearing for the parties submit that the issue involved in the present writ petition is no more res integra.

Learned counsel submitted that the Coordinate Bench of this Court vide order dated 02.04.2019 decided S.B. Civil Writ Petition No.23680/2018

(Sunita Kumari Meena vs. State of Rajasthan & Others) and other connected writ petitions and directed that in determining the preference of

Meritorious Reserved Category (MRC) candidates, will be allotted in the ranges/divisions against the reserved category posts for which they have

sought allocation on the basis of inter-se merit vis-a-vis other reserved category candidates.

The order of the Single Judge was challenged before before the Division Bench and the Division Bench vide its order dated 29.08.2019 decided D.B.

SAW No.815/2019 (State of Rajasthan & Others vs. Poonam Sharma) and other connected special appeals. The Division Bench has drawn the

conclusion and findings in Para-16 of the judgment and same is reproduced as under:-

In the light of the above discussion, the Court is of opinion that the findings and conclusions recorded by the Single Judge are reasonable. The

following directions are consequently issued:

(a)The State shall issue a circular/order within four weeks, expressly stating that cadre allocations (to different divisions) made are only provisional

and that such allocations would be made finally in a time bound manner, to be clearly indicated in such an order or circular;

(b)Await the receipt of all recommendations for 3 months and thereafter take up the process of determination of cadre allocations, in accordance with

the rules and circulars applicable and complete such cadre allocations within 6 months from today;

(c)The State is further directed that cadre allocations made finally pursuant to the above directions, shall not be treated as transfers, but instead as

revised initial postings of the concerned teachers.

(d)The circular issued pursuant to the above directions shall also mention that it has been issued pursuant to the present order.

The issue in the writ petition is in respect of posting of the petitioner who is a widow and belongs to Other Backward Class (OBC) category.

This Court finds that the directions which have been issued by the Division Bench in the case of State of Rajasthan & Ors. vs. Poonam Sharma

(supra) will apply in the present case as well and the respondent-State will undertake the said exercise as per the directions given by the Division

Bench.

The writ petition accordingly stands disposed of.