The relaxation in marks for reserved category candidates did not affect the selection process, and the petitioners' claim lacked merit.

ORDER :

1. The instant petition has been filed by the petitioners making following prayers :

“In the instant recruitment issued on 02.11.2020 for the post of Lecturer (College Education) the respondents may be directed to specify/mention by way of issuance of a fresh advertisement or a corrigendum that the candidates who have availed relaxation while qualifying the NET/SLET/SET Examination then such candidates would not be allowed to be considered for selection against the post which are earmarked for unreserved category candidates i.e. for the purpose of the consideration against the post of unreserved category candidate all such requirements which are required to be fulfilled by unreserved category candidates i.e. 55% marks in the Good Academic Record, qualifying the NET/SLET/SET Examination with the same qualifying marks which are required to be possessed by the unreserved category candidates and further the cutoff marks in the recruitment process prescribed for the unreserved category have to be fulfilled and lack at any stage either before the selection process and during the selection process would result in non-consideration of such reserved category candidates against the post of unreserved category candidates it has to be specified and directed by the respondents to be mentioned in the advertisement in reference to the advertisement dated 02.11.2020 for all practical purposes, in the interest of justice."

2. This Court, at the outset, would like to observe that the main prayer, made in the petition, is so widely worded and if such prayer is to be granted, the same would result into giving a direction to the respondents to issue fresh advertisement or corrigendum, relating to selection process, which has been initiated by the respondent – Rajasthan Public Service Commission (for short “the RPSC”) for the post of Assistant Professor in different subjects.

3. This Court, after going through the entire pleadings and after hearing learned counsel for the petitioners, finds that the main grievance, which is raised by the petitioners, is for seeking a direction against the respondents of not-considering the candidates of reserved category against the post of general/unreserved category, if relaxation in acquiring basic qualification/eligibility has been granted to them by way of relaxation in National Eligibility Test (NET) and State Level Eligibility Test (SLET)/State Eligibility Test (SET).

4. The facts, as pleaded in the nut shell, are that all the petitioners are possessed the requisite eligibility qualification for the post of Assistant Professor (Lecturer) in college education in the subject of Law and the petitioners belong to general/unreserved category.

5. The petitioners have pleaded in the writ petition that for qualifying NET/SLET/SET, there are different criteria for reserved category and un-reserved category candidates and marks of the reserved category candidates are lower in comparison to that of un-reserved category candidates and as such, the petitioners have supplied details in their petition in respect of the candidates, who were selected in last recruitment and such information has been placed by them after seeking information under the Right to Information Act, 2005. The petitioners have pleaded that in the last recruitment held for the post of Lecturer, the OBC candidates came to be selected against un-reserved category, while their marks secured in NET examination, was due to benefit of relaxation.

6. The petitioners, to the same effect, have filed certain score-cards of the candidates, who were selected in the last recruitment. The petitioners have pleaded that since there are different cut-off marks for reserved and un-reserved category candidates and if a reserved category candidate has availed any relaxation for the purpose of qualifying NET/SLET/SET examination then after availing such relaxation, such candidate should not be allowed to be considered against the post of un-reserved category, as the leve