SBCWP NO.4736/04 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.4736/2004. Kanhaiya Lal & Ors. Vs. State of Rajasthan & Ors. Date of order:- January 15, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Bhanwar Bagri for the petitioner. Shri Aklesh Jain, Deputy Government Counsel. **** BY THE COURT:- This writ petition has been filed by the petitioner seeking writ of mandamus to the respondents to allow them to work Teacher Gr.III in Panchayat Samitis allotted by respondent No.2 by the orders issued by them after due process of selection and they may be treated to have joined duties on the dates they submitted their joining together with benefits of salary and seniority etc. 2) It is argued that respondents have denied such joining to the petitioners arbitrarily contrary to the principles of natural justice. It is argued that respondents have decided not to permit the petitioners to join. Such an action of the SBCWP NO.4736/04 2 respondents is violative of Articles 14, 16 and 21 of the Constitution of India. It was submitted that when the appointing authority was Chief Executive Officer of the Zila Parishad, the Vikas Adhikari of Panchayat Samiti had no authority in law to act contrary to the orders passed by his superiors when appointments of petitioners were made after due process of selection and consequently, they are entitled to the benefit pursuant to such appointment. The respondents have no authority to act contrary to law whereby preventing the petitioners to join their duties on the post of Teacher Gr.III. 3) The respondents in reply to the writ petition have submitted that petitioners passed B.Ed. Examination from the Muslim Minority Ahmadiya B.Ed. College, Millat Nagar, Rampada, Katihar which was affiliated with Bhupendra Narain Mandal University, Lalu Nagar, Madhepura, Bihar, result of which was received, vide Notification No.G.S.[A-OO] VCO/615/2000 on 19/5/2000 through Secretary, Mandal Nigrani Vibhag [Investigation Bureau] Bihar vide letter dated 4/5/2000 and in the light of FIR No.12/2000, the Governor of State of Bihar rejected the degree of B.Ed. Examination obtained by the petitioners from the aforesaid University, on the basis of which, petitioners applied for appointment in question. SBCWP NO.4736/04 3 4) In the light of the stand taken by the respondents, the writ of mandamus cannot be issued. Consequently, the writ petition is dismissed. (MOHAMMAD RAFIQ), J. anil