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2021 Supreme(Raj) 1273

IN THE HIGH COURT OF RAJASTHAN PRINCIPAL BENCH AT JODHPUR
AKIL KURESHI, SANDEEP MEHTA, J.
Khushi Ram Gurjar - Petitioner
Versus
Rajasthan High Court, Jodhpur, Through Its Registrar General and Another - Respondents
D.B. Civil Writ Petition No. 10274, 4991, 5087, 5326, 5393, 6369, 6644, 7151, 7155, 7197, 7749, 7807, 7861, 4853, 6362, 6060, 5099 of 2021
Decided On : 28-10-2021

Advocates:
Advocate Appeared:
For the Petitioners: Mr. Jaidev Singh Bhati. Mr. Nikhil Jain, Mr. Ganga Ram, Mr. Vijay Bishnoi, Mr. Mahaveer Bishnoi, Mr. Kailash Jangid, Mr. Mahendra Singh Godara, Mr. M.L. Deora, Mr. Inderjeet Yadav
For the Respondents: Dr. Sachin Acharya with Mr. Manvendra Singh and Chayan Bothra

Headnote:

Constitution of India, 1950 – Article 16(1) and 14, 226 – Rajasthan Subordinate Courts (Driver and Class IV Employees) Service Rules, 2017 – Rule 25 – Rajasthan State and Subordinate Service (Direct Recruitment by Combined Competitive Examination) Rules, 1999 – Rule 15 – Power of high court to issue certain writs – Writ petitions are that Rajasthan High Court issued an advertisement for direct recruitment on posts of Chauffeur in Rajasthan High Court and Driver in Rajasthan State Judicial Academy, Rajasthan State Legal Services Authority and District Courts – Held, Court may observe that from record of respondents, as many as candidates of General Category have been summoned for job test and personal interview against available seats – None of these candidates have been impleaded as party respondents by petitioners in these writ petitions and thus, in case, relief sought for is extended to petitioners, same may result into ouster of many of these candidates, who were necessary parties but have not been joined as such in this petition – Court find no illegality, infirmity or arbitrariness in impugned action of respondent warranting interference therein in extraordinary writ jurisdiction conferred upon this Court by virtue of Article 226 of Constitution of India – Writ petitions rejected.

JUDGMENT :

SANDEEP MEHTA, J.

These writ petitions involve common questions of facts and law and are thus, being decided together by this judgment.

2. Brief facts relevant and essential for disposal of these writ petitions are that the Rajasthan High Court issued an advertisement dated 22nd July, 2020 for direct recruitment on the posts of Chauffeur in Rajasthan High Court and Driver in Rajasthan State Judicial Academy, Rajasthan State Legal Services Authority and District Courts. The advertisement prescribed following minimum academic, physical and technical qualifications:

    i. Candidate must have passed Senior Secondary from Board of Secondary Education Rajasthan or any other Board recognized by the Government, and;

ii. Candidate must hold valid license to drive light motor vehicle and transport vehicle, and;

iii. Candidate must have 3 year's experience (up to the last date of submission of application i.e. 31.08.2020) in driving the said vehicles after obtaining a valid driving license for driving light motor vehicles and transport vehicles, and;

iv. The eyesight of the candidate must be 6/6 with glasses or without glasses, and;

v. Candidate must have knowledge of road side repair and proficiency in driving.

3. The last date for submission of the application forms was 31st August, 2020.

4. The scheme and syllabus of examination as prescribed in Clause 12 of the advertisement is germane for deciding the controversy at hand and thus, the translated version thereof is reproduced hereinbelow for the sake of ready reference:

    “The examination of the candidates shall be conducted in the following stages:—

Stage (1) Screening Test

If, number of applications received are more than 10 times of the total vacancies, in respect of advertised vacancies, an objective type written test may be conducted to shortlist the candidates. The Objective type written test will be conducted only for short listing the candidates and the marks obtained in the said examination will not be considered while preparing the final merit list.

(i) The Written Test will be of total 100 marks, duration thereof will be 2 hours consisting of multiple choice questions from the following subjects:—

(a) Traffic instructions written in Hindi and English language, sign boards related to traffic and the knowledge regarding reading of road instructions.

(b) Related to technical knowledge of vehicle and roadside repair.

(c) Related to knowledge of traffic rules.

(d) Related to knowledge of traffic signs.

(ii) Out of the above subjects, there would be questions of 20 marks from first subject, 20 marks from second subject, 30 marks from third subject and 30 marks from fourth subject.

(iii) There will be a total of 100 questions (each of 1 mark) in the Written Test.

(iv) There will be no negative marking for wrong answer.

(v) The Written Test shall be conducted through OMR Answer Sheet.

(vi) Candidates up to the extent of 10 times (category-wise) of the total number of vacancies shall be declared qualified for the Job Test and Personal Interview on the basis of marks obtained in the Written Test. Such candidates, who obtain equal marks on the last cut-off (category-wise), shall also be declared qualified for the Job Test and Personal Interview.

(vii) In order to qualify for the JOB Test and Personal Interview, the candidates of SC/ST category shall have to obtain 40 marks in the Written Test and candidates of all other category shall have to obtain 45 marks.

(viii) Model answer key to the question paper of Written Test shall be published on the official website i.e. http://www.hcraj.nic.in of this Court forthwith after holding of the Written Test. The objections from candidates against the model answer key shall be sent within such time limit and such manner prescribed by Rajasthan High Court. Any objection received after the stipulated time period shall not be considered. The objections received acco

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