ORDER :

Mahendra Kumar Goyal, J.

1. For the reasons stated in the application (1/2021) filed by the petitioner seeking impleadment of the Chairman cum Managing Director, RRVPN Ltd., Jaipur & the Secretary, RRVPN Ltd., Jaipur as respondents No. 2 & 3 respectively, which is not opposed by the learned counsel for the respondents, the same is allowed. The amended cause title appended with the application is taken on record.

2. Mr. Virendra Lodha, learned Senior Counsel appears for the newly impleaded respondents.

3. For the reasons stated in the application No. 2/2021 for early listing, the same is allowed.

4. On the joint request of learned counsels for the parties, the writ petition was heard finally at this stage on its merit.

5. The petitioner, an aspirant for appointment on the post of Informatics Assistant, has filed this writ petition against rejection of his candidature by the respondents on account that he has not secured 30% minimum passing marks, i.e., 24 marks in Part-B of Phase-I examination, with a direction to the respondents to permit him to participate in Phase-II examination as well as to accord him appointment with all consequential benefits, if found in merit.

6. The facts in brief, as emerge from the writ petition, are that the petitioner applied in pursuance of an advertisement dated 22.02.2021 issued by the respondents inviting applications for appointment on various posts including Informatics Assistant. The selection criteria comprised of competitive examination divided in two phases, i.e., Phase-I and Phase-II. Phase-I comprised of two papers i.e., Part-A having 60% weightage and Part-B having 40% weightage. The petitioner secured 120.5 marks in Phase-I of the examination i.e., more than the last cut off marks i.e. 109, in the unreserved category; but, still, he was denied permission to appear in the Phase-II of the examination on the premise that he did not secure 30% marks in Part-B of the Phase-I examination.

7. Learned counsel for the petitioner submits that since he has secured 30% marks in Phase-I examination, he is eligible to undertake Phase-II examination as provided under sub-Clause (5) of Clause 10 of the advertisement. He contended that in absence of any such condition in the advertisement to the effect that a candidate securing minimum 30% marks in both the parts, i.e., A & B, shall only be eligible to appear in Phase-II, rejection of his candidature on the premise that he failed to secured 30% marks, i.e., 24 marks in Part-B of the written examination comprising of 80 marks, is bad in law. He, therefore, prayed that the writ petition be allowed and the respondents may be directed to permit him to undergo Phase-II examination and accord him appointment if found in the merit list.

8. Per contra, learned Senior Counsel for the respondents submitted that as per Schedule-II of the Rajasthan Rajya Vidyut Utpadan Nigam Engineers Service Regulations, 2016 (for brevity "the Regulations of 2016") a candidate acquires eligibility to appear in Phase-II examination only if he secures 30% marks in each part of Phase-I. Learned Senior Counsel submitted that since the petitioner failed to secure 30% marks, i.e., 24 marks out of 80 marks in the Part-B paper of Phase-I examination, he is not qualified to undergo Phase-II examination. He, therefore, prayed for dismissal of the writ petition.

9. Heard learned counsels for the parties and perused the record.

10. Clause 10(6) of Schedule-II of the Regulations of 2016 provides as under:-

"10(6). To become eligible for consideration for appointment, candidates shall be required to secure minimum passing marks in each Part of Phase-I as detailed below in the written competitive exams:-

(i) UR category candidates - 30% marks"

11. Indisputably, the petitioner has failed to secure minimum qualifying marks, i.e., 30% (24) in Part-B of Phase-I examination. In these circumstances, the respondents have committed no error in rejecting his candidature to participate in further recruitment