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2018 Supreme(Raj) 291

IN THE HIGH COURT OF RAJASTHAN
GOPAL KISHAN VYAS, RAMCHANDRA SINGH JHALA, JJ.
AKASHDEEP MORYA — Appellant
Vs.
RAJASTHAN HIGH COURT, JODHPUR — Respondent
Civil Writ Petition No. 12290 of 2017
Decided on : 21-03-2018

Advocate Appeared:
For the Appellant :Nimesh Suthar and V.R. Choudhary, Advocates
For the Respondent: Manoj Bhandari, Suniel Purohit and N.K. Mehta, Govt. Counsel

Headnote:

Rajasthan Judicial Service Rules, 2010 – Right to Information Act, 2005 – Indian Penal Code – Section 341, 323, 147, 148, 149, 504, 324, 420, 406, 120B, 452, 34 – Adjudication – Cheating – Dishonesty – Punishment – Simple imprisonment – Legally bound – Provocation – Offence – It is second round of litigation – Against denial of appointment, petitioner who belongs to SC category preferred DBCWP in which after considering reply filed by respondent High Court, an order was passed on whereby writ petition was disposed of with liberty to petitioner to file representation alongwith copy of judgment rendered by Honble Supreme Court in case of Avtar Singh v. Union of India & Ors. reported in 8 SCC 471 and respondents were directed to decide representation of petitioner within a period of two weeks from date of receiving certified copy of order in light of adjudication made by Honble Supreme Court in case of Avtar Singh – Respondent High Court in compliance of aforesaid direction again rejected claim of petitioner for appointment vide communication dated which is under challenge in this writ petition – Held, It is important aspect of case that petitioner who belongs to SC category which is weaker section of society appeared in competitive examination and succeeded in it on basis of his performance and recommended for appointment, but due to registration of some cases against him prior to submitting application, appointment has been denied without considering verdict of Honble Apex Court in its true spirit, in court opinion, committee was under legal obligation to consider case of petitioner for appointment objectively because a person of weaker section cannot be deprived from his legal rights which is acquired by him through competitive examination – Writ Petition is Allowed

JUDGMENT :

Gopal Kishan Vyas, J.

It is second round of litigation. Against denial of appointment, the petitioner who belongs to SC category preferred DBCWP No.13192/2015 in which after considering the reply filed by the respondent High Court, an order was passed on 8.3.2017 whereby the writ petition was disposed of with liberty to the petitioner to file representation alongwith copy of the judgment rendered by the Hon'ble Supreme Court in the case of Avtar Singh v. Union of India & Ors. reported in (2016) 8 SCC 471 and respondents were directed to decide the representation of the petitioner within a period of two weeks from the date of receiving certified copy of the order in the light of adjudication made by the Hon'ble Supreme Court in the case of Avtar Singh (supra). The respondent High Court in compliance of the aforesaid direction again rejected the claim of the petitioner for appointment vide communication dated 5.5.2017 (Annex.39), which is under challenge in this writ petition. The instant writ petition has been filed by the petitioner seeking following reliefs:

"a. The action of the respondents while not giving appointment to the petitioner arbitrarily may kindly be declared bad in the eye of law;

b. the order/letter dated 19.11.2015 i.e. annex.15 and order dt. 05.05.2017 i.e., annexure-39 along with all relevant orders and recommendations (which are in respondents' holding), rejecting/not recommending the candidature of the petitioner for the post of civil judge and judicial magistrate in pursuant to advertisement annex.1, may kindly be quashed and set aside.

c. The rejection of the petitioner's candidature for the post of Civil Judge & Judicial Magistrate in pursuance to the advertisement i.e., Annex.1 may kindly be quashed and set aside.

d. The respondents may kindly be directed to declare the petitioner fit for the appointment on the post of Civil Judge & Judicial Magistrate and give appointment to the petitioner on the post of Civil Judge & Judicial Magistrate w.e.f. the date on which lower to him in merit was given appointment with all consequential service benefits and arrears with necessary orders as to joining the service of Civil Judge & Judicial Magistrate.

e. Any other order which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioners; and,

f. Costs of this writ petition may kindly be allowed to the humble petitioner."

2. As per facts of the case, online applications for recruitment on 187 posts of Civil Judge (Junior Division) & Judicial Magistrate, First Class were invited by the respondent Rajasthan High Court vide advertisement dated 25.11.2013 under the Rajasthan Judicial Service Rules, 2010 (hereinafter referred to as the Rules of 2010 for short).

3. The selection process was initiated for the said post and the petitioner being eligible for the post in question applied as per the terms and conditions of the advertisement through online application form.

4. The petitioner was allowed to appear in the preliminary examination held on 23.3.2014 vide roll number 17498. In the preliminary examination, he was declared successful and permitted to appear in the main examination held on 14- 15.6.2014 for appearing in the main examination roll number 1074 was issued to him. The petitioner appeared in the examination at Jaipur Center, thereafter, result of main examination was declared on 10.7.2014 in which he was declared successful and qualified for interview.

5. After declaration of result, the petitioner was called to appear in the interview in the RJS Examination, 2013 held on 10.11.2014. After interview final result was declared in which the name of the petitioner was included in the select list at S.No.150 and petitioner was directed to appear for medical examination alongwith other candidates and after medical examination, on 26




































































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