IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JAIPUR BENCH
S.B. CIVIL WRIT PETITION NO. 8378/2015
Shish Ram Choudhary, aged about 24 years, Son
of Shri Jabbar Mal Maharaja, Resident of Village
Simarla Jagir, Post Mahrauli, Tehsil Shri
Madhopur, District Sikar
….Petitioner
Versus
1. State of Rajasthan through the Secretary,
Panchayati Raj Department, Government of
Rajasthan, Government Secretaiat, Jaipur
2. The Chief Executive Officer, Zila Parishad, Jaipur
3. The Vikas Ashikari, Panchayat Samiti, VIratnagar,
District Jaipur
4. Block Elementary Education Officer, Panchayat
Samiti, Viratnagar, District Jaipur
….Respondents
*****
REPLY TO THE WRIT PETITION ON
BEHALF OF THE RESPONDENTS.
****
To,
Hon’ble the Chief Justice and his companion
Judges of Hon’ble High Court of Judicature for
Rajasthan, Jaipur Bench, Jaipur.
***
MAY IT PLEASE YOUR LORDSHIPS:
PARAWISE REPLY
1. That the contents of para-No.1 of the Writ Petition are
not opposed to the extent as stated.
2. That the contents of the Para No. 2 of the Writ
Petition, are not opposed as stated by the petitioner in
the Writ Petition.
3. That the contents of the Para No. 3 of the Writ Petition
are not opposed merely to the extent of Annexure-1
being the order of appointment. That it is duly accepted
that the petitioner was granted the appointment by
authorities in furtherance of the recruitment
undertaken by the Respondent No. 2 for the post of
Teacher Grade-III Recruitment-2013 on account of
finding place in the merit list.
4. That the contents of the Para No.4 of the Writ Petition
are not opposed to the extent as reiterated in the Writ
Petition.
5. That the contents of the Para No. 5 of the Writ Petition
are not opposed to the extent of the Annexure No. 2 and
3 of the Writ Petition. However, as reiterated above in
the foregoing paragraphs, the petitioner was granted the
appointment in furtherance of securing a merit position
in pursuance of the recruitment undertaken by
Respondent No.2 for the post of Teacher Grade-III
Recruitment-2013.
6. That the contents of the Para no. 6 of the Writ Petition
are merely accepted to the extent of Annexure No. 4
enclosed with the same. However, it is most respectfully
submitted that even the No Objection Certificate issued
from the Office of Development Officer, Panchayat
Samiti, Baytu, District Barmer, the same clearly reads
that in respect of the recruitment being conducted by
the Zila Parishad, Jaipur for the post of Teacher Grade-
III Recruitment-2013 Level-I, the department has no
objection if a candidate gets selected in the same,
however, it would be necessary that in respect of the
selection, the candidate has to resign from the earlier
post that he/she has been working upon.
7. That the contents of Para No. 7 of the Writ Petition are
not admitted as stated and it is rather incumbent upon
the petitioner to satisfy the Hon’ble Court on the aspect
of date and time of submission of the documents placed
on record as Annexure-5 and Annexure-6 of the Writ
Petition. That the petitioner has failed to submit the
relevant enclosures on record as to when he had
submitted the above mentioned annexures before the
respondent authorities.
8. That the contents of the Para no.8 of the Writ
Petition are not in dispute merely to the extent of
issuance of the Annexure No. 7. That it was in
furtherance of the selection of the petitioner in his home
district that the concerned authorities in light of the
conditions as mentioned in the No Objection Certificate
issued to the petitioner and in view of the resignation
tendered by him on 01.04.2015 accepted the same. The
petitioner was then accordingly relieved from the State
Services upon acceptance of the resignation. That it
would be paramount to apprise the Hon’ble Court of the
aspect that in accordance with the rules and provisions
as mentioned in the Rajasthan Panchayati Raj Rules,
1996 the post of Teacher Grade-III is a district level
sanctioned post for which even the seniority is
determined at district level. The petitioner had
knowingly resigned from his post in District Barmer on
the pretext that his selection has been done in his home
district in the subsequent recruitment year.
9. That the contents of Para No. 9 of the Writ Petition are
denied and are only accepted to the extent of Annexure
No. 8 enclosed therewith. That it was only in respect of
the resignation tendered by the petitioner from his
earlier post that he was eventually given joining on
06.04.2015 at Government Upper Primary School,
Harikishanpura, Panchayat Samiti Viratnagar, Jaipur.
That thus, such relief being sought by the petitioner for
giving resignation after being selected at a posting of his
choice and seeking the consideration of his earlier
services is against the rules.
10. That the contents of the Para No. 10 of the Writ
Petition are not admitted as stated. That the joining by
the petitioner was only undertaken after he had duly
resigned from his earlier place of posting to join in
furtherance of the Teacher Grade-III Level-I recruitment
of the year 2013. Thus, after joining at Government
Upper Primary School, Harikishanpura, Panchayat
Samiti Viratnagar, Jaipur seeking the above mentioned
relief is against the rules.
11. That thus, now nothing of the Writ Petition survives in
the matter any further, therefore, the matter deserves to
be dismissed.
12. That the contents of Para No. 12 and 13 of the Writ
Petition are not admitted as stated and accordingly, the
burden of proof lies on the petitioner justify the same in
accordance with the rule of law.
REPLY TO THE GROUNDS
A) That in reply to Para i to vi of the grounds, it is most
respectfully submitted that the same is already replied to
in the above mentioned paras of the reply to the Writ
Petition and the same is not being repeated over for
maintaining the brevity of the reply as it has been dealt
with in the foregoing paras.
PRAYER
It is, therefore, most humbly and respectfully prayed
that the present reply to be taken on record and writ
petition may kindly be dismissed with costs.
Your lordships humble answering
Respondent No. 1
OFFICER IN CHARGE
THROUGH THEIR
COUNSEL
KAPIL PRAKASH MATHUR
ADDITIONAL ADVOCATE GENERAL
R/119/2000
(M) 9828020309
(SARA PARVEEN/DIVYA RATHORE/
ANJALI RANGA/ANSHUL RANGA)
NOTES:
1. That no such reply to the writ petition has earlier
been filed in the matter.
2. That one copy of this reply has already been given to
counsel for the petitioner.
3. That this reply has not been typed out by any staff
member of this Hon’ble Court.
4. That pie-papers are not readily available.
KAPIL PRAKASH MATHUR
ADDITIONAL ADVOCATE GENERAL
R/119/2000
(M) 9828020309
(SARA PARVEEN/DIVYA RATHORE/
ANJALI RANGA/ANSHUL RANGA)
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JAIPUR BENCH
S.B. CIVIL WRIT PETITION NO. 8378/2015
Shish Ram Choudhary
Versus
State of Rajasthan and Ors.
AFFIDAVIT IN SUPPORT OF REPLY TO THE WRIT
PETITION.
I, _________________________ S/o Shri
________________, aged about ___ years, presently
working on the post __________________________, do
hereby take oath and state as under: -
1. That I am the Officer In charge in this and am
well conversant with the facts of the present
case.
2. That annexed reply to the writ petition has been
drafted by my counsel under my instructions
and I have carefully gone through it. The
contents of all the paras of annexed reply to the
writ petition are true and correct to my
knowledge based on official records as also the
legal advice, given to me.
DEPONENT
VERIFICATION:
I, the abovenamed deponent do hereby
verify that the contents of paras 1 & 2 of my above
affidavit are true and correct to my knowledge.
Nothing has been concealed and no part of it is false.
SO HELP ME GOD.
DEPONENT
IDENTIFIED BY;
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JAIPUR BENCH
S.B. CIVIL WRIT PETITION NO. 8378/2015
Shish Ram Choudhary
Versus
State of Rajasthan and Ors.
Sr. No. Particulars Pg. No.
1. Reply to the Writ petition
2. Affidavit in Support of reply to Writ
petition.
KAPIL PRAKASH MATHUR
ADDITIONAL ADVOCATE GENERAL
ASSISTED BY:
(SARA PARVEEN/DIVYA RATHORE/
ANJALI RANGA/ANSHUL RANGA)
JAIPUR.
DATED:-
