AI Structured Summary
Not yet generated for this judgment
Judgment
Learned counsel for the petitioner submitted that the petitioner having participated in the recruitment process for the post of Teacher Grade-III
(General Education) Level-II English came to be selected and appointed vide order dated 26.09.2018.
Learned counsel submitted that the respondents issued a notice dated 21.11.2019 to the petitioner wherein she was asked to furnish certain documents
relating to her category of Other Backward Class (OBC).
Learned counsel submitted that the petitioner was issued notice for personal hearing on 16.12.2019 and asked to appear on 24.12.2019 before the
Authority.
Learned counsel submitted that by the impugned order dated 26.06.2020, the services of the petitioner have been terminated in pursuance of order
dated 5.11.2019 issued by the Director, Elementary Education, Bikaner. Learned counsel submitted that the said order also makes a reference of
order passed by the Hon'ble Supreme Court in Civil Appeal No.1085/2013 (Bir Singh vs. Delhi Jal Board and Others) dated 30.08.2018 and further
the decision of the Division Bench of this Court in D.B. SAW No.1116/2018 (State of Rajasthan vs. Manju Yadav) dated 18.09.2018.
Learned counsel submitted that as the petitioner has already been appointed, the judgments relied upon by the respondents cannot be made applicable
from the retrospective effect.
Issue notice of the petition as well as stay application, returnable within four weeks. Notices be given 'dasti', if prayed.
In the meanwhile, effect and operation of impugned order dated 26.06.2020 shall remain stayed and the petitioner will be allowed to continue as she
was continuing prior to passing of the impugned order dated 26.06.2020.