SBCWP3220/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3220/2010 Suman W/o Dr. Ram Singh Dudi Vs. State of Rajasthan and Others Date of Order ::: 12.04.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Sanjay Khedar, Counsel for petitioner #### By the Court:- Contention of learned counsel for petitioner is that petitioner, who secured merit no.11746, was appointed as Teacher Gr.III in Government Upper Primary School, Metwala, Panchayat Samiti Garhi, District Banswara, despite her giving option for being appointed in Jhunjhunu district, whereas subsequently the candidates with lower merit from the same District, were given that choice; example of one Shri Krishan Kumar, who secured merit no.18305, is given who, despite being lower in merit, was accommodated in Jhunjhunu district itself and posted as Teacher Gr.III in Government Girls Upper Primary School, Jhanjha, Panchayat Samiti Buhana, District Jhunjhunu; similar was the case of one Shri Arvind who, SBCWP3220/2010 // 2 // with merit position no.18303, was alloted the District Jhunjhunu and posted in Government Upper Primary School Dhani Khatoti, Panchayat Samiti Buhana, District Jhunjhunu. Learned counsel for petitioner cited judgment dated 25.02.2009 of this Court in S.B. Civil Writ Petition No.4473/2006, Manju Devi Dorwal and Another Vs. State of Rajasthan and Others, and has argued that in the aforesaid judgment, action of respondents in giving preferential treatment to candidates placed lower in merit in the matter of posting in home district despite availability of candidates higher in merit, has been held to be violative of Articles 14 and 16 of the Constitution of India and respondents have been directed to given them posting in their home district in view of note no.1 in the advertisement within a period of two months from the date a copy of the order is produced before them. Having regard to the facts afore-stated and the judgment of this Court in Manju Devi Dorwal's case (supra), I deem it appropriate to direct the petitioners to make a representation before the respondents no.1 and 2 and, in case such representation is filed, the respondents no.1 and 2 shall consider and decide the same SBCWP3220/2010 // 3 // in the light of the aforesaid judgment in Manju Devi Dorwal's case (supra) and pass appropriate order on such representation of petitioner on the question of her posting in Jhunjhunu district within a period of three months from the date of its submission. Petition stands disposed of. (Mohammad Rafiq) J. //Jaiman//