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2022 Supreme(Raj) 245

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP MEHTA, VINOD KUMAR BHARWANI, JJ.
Ramesh Chand Meena, S/o. Shri Badri Lal Meena - Appellant
Versus
State of Rajasthan, Through Secretary, Department of Personnel and Training Government of Rajasthan and Ors. - Respondents
D.B. Spl. Appl. Writ Nos. 227 of 2021 and 212 of 2021
Decided On : 18-01-2022

Advocates Appeared:
For the Appellant : O.P. Sangwa.
For the Respondents: Sunil Beniwal, AAG and Mahesh Thanvi.

Headnote:

Constitution of India, 1950 – Article 226 - Appeals - Petitioners challenged rejection of their candidature by filing writ petitions - Two special appeals have been preferred by original writ petitioners for assailing orders passed by learned Single Bench in S.B. Civil Writ Petition respectively, whereby writ petitions preferred by petitioners were dismissed - Petitioners approached this court by way of above two writ petitions for assailing rejection of their candidature by respondent Rajasthan Public Service Commission (RPSC) in recruitment conducted for post of School Lecturers in various subjects vide notification - As per said advertisement, educational qualification required for selection was second class post graduate degree in concerned subject and having minimum 48% marks - As per advertisement, aspirants, who had appeared or were appearing in last year of qualifying examination would be entitled for applying in selection process, but they would have to submit proof of having acquired qualification by last date for holding of written examinations – Held, court are, therefore, of opinion that considered in light of above Supreme Court judgment, rejection of petitioners' candidature by Commission and dismissal of their writ petitions by orders does not suffer from any infirmity warranting interference therein – Appeals dismissed.

JUDGMENT :

1. These two special appeals have been preferred by the original writ petitioners for assailing the orders dated 17.02.2021 passed by the learned Single Bench in S.B. Civil Writ Petition Nos. 1708/2021 and 2957/2021 respectively, whereby the writ petitions preferred by the petitioners were dismissed. The petitioners approached this court by way of the above two writ petitions for assailing the rejection of their candidature by the respondent Rajasthan Public Service Commission (RPSC) in the recruitment conducted for the post of School Lecturers in various subjects vide notification dated 29.03.2018. As per the said advertisement, the educational qualification required for selection was second class post graduate degree in the concerned subject and having minimum 48% marks with Shiksha Shastri/B.Ed. As per the advertisement, the aspirants, who had appeared or were appearing in the last year of the qualifying examination would be entitled for applying in the selection process, but they would have to submit proof of having acquired the qualification by the last date for holding of the written examinations. The process of recruitment somehow remained in abeyance. A corrigendum dated 06.01.2020 was issued by the Commission inviting fresh applications with a condition that the candidates, who had already filed their applications need not apply again.

2. In this corrigendum, reservation was provided for EWS category. The petitioners filed their applications in pursuance of this corrigendum. The petitioner Ramesh Chand Meena received the result and marksheet of Acharya (Grammar) degree on 24.12.2020 and the petitioner Ram Kishore Tada received the result and marksheet of B.Ed. degree on 31.12.2020. Thus, both the petitioner acquired the requisite qualification well after the date of conducting the written examination by the RPSC. Both the petitioners appeared in the competitive examination and were called for document verification. The Commission rejected the candidature of the petitioners vide communications dated 22.01.2021 and 19.01.2021 respectively assigning the reason that the petitioners had not acquired the qualifying degrees as on the date of the written examination, i.e. 04.08.2020 and hence, they were not entitled for selection. Thereupon the petitioners challenged the rejection of their candidature by filing the writ petitions, which have been dismissed as above vide orders dated 17.02.2020, which are assailed in this appeal.

3. Mr. O.P. Sangwa, learned counsel representing the appellants urged that as per the condition of the advertisement, the aspirants, who had appeared or were to appear in the qualifying examination were entitled to apply for the posts. Both the appellant-petitioners had completed the first year of qualifying course and were appearing in the final year/second year and as such, they were eligible to apply in the said recruitment process. When the petitioners appeared for document verification, they were holding the requisite qualification and hence, their candidature could not have been rejected. He, thus, implored the court to set aside the impugned orders and direct consideration of the petitioners for the post of School Lecturers.

4. Mr. Mahesh Thanvi, learned counsel representing the respondent RPSC opposed the prayer so made, pointing out the condition No. 8 of the corrigendum notice dated 06.01.2020, stipulates that despite the extension of date for submission of the forms, the requirements of educational qualification and the other conditions of the recruitment would remain the same. He urged that as per this corrigendum, all the aspiring candidates were required to be holding the qualifying degree as on the date of written examination, which was conducted on 04.08.2020. Neither of the appellants held such qualifying degree as on the said date and admittedly they completed the respective courses in the month of December 2020 and hence, they were not qualified to be considered for the adver

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