IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, J.
Vinod Kumar Raidas S/o Shri Amba Lal Raidas – Appellant
Versus
State Of Rajasthan – Respondents
S.B. Civil Writ Petition No. 3749 of 2022, S.B. Civil Writ Petition No. 4581 of 2022
Decided on : 13-04-2023
Employment and Service matter - Recruitment - Post of Teacher Grade - Selection process - Petitioners being residents of TSP area and eligible, applied in Rajasthan Eligibility Examination for Teachers, 2021 which was scheduled to be held - Petitioners participated - Before process for giving appointments on post of Teacher Grade-III, Level-2 could be completed, vide order dated respondents took a decision to cancel entire selection process on account of certain irregularities having been unearthed in matter - Court feels that it is very harsh upon genuine students who have prepared for examination for long time and if on account of some miscreants and wrong doers, entire selection process is canceled then honest and genuine students will have to suffer immensely. Para 9
Finding of Court :
Time has come when the matter is required to be looked into by State authorities with more caution/circumspection and all possible measures are required to be taken to ensure that examinations must be conducted in most fair and transparent manner without any chance of commission of irregularity - Court feels that it is very harsh upon genuine students who have prepared for the examination for long time and if on account of some miscreants and wrong doers, entire selection process is canceled then honest and genuine students will have to suffer immensely - In present case, no separate examination for TSP and non TSP area was conducted for recruitment to post of Teacher grade-III, case of petitioners who belong to TSP area cannot be segregated in common examination held for candidates of TSP and non TSP area - If some wrong is committed then same would definitely affect both the areas i.e. TSP and non TSP area - Merely because service conditions of candidates serving in TSP area are different then same will have no consequence as common entrance examination is smacked by irregularities, therefore, the selection process for TSP area cannot be allowed to be continued.
Result : Writ petitions filed by the petitioners are dismissed.
JUDGMENT :
1. Heard learned counsel for the parties.
2. The present writ petitions are based on identical facts involving a common issue, therefore, they are being decided by this common order.
3. The present writ petitions have been filed with a prayer that the orders dated 10.02.2022 and 11.02.2022 may be quashed and set aside to the extent of cancellation of REET Examination, 2021 for recruitment to the post of Teacher Grade-III, Level-II and advertisement dated 31.12.2021 for recruitment to the post of Teacher Grade-III, Level II for TSP area and the selection process undertaken by the respondents in pursuance of the advertisement dated 31.12.2021 for recruitment to the post of Teacher Grade-III, Level-2 for TSP area should be continued and as a consequence, if the petitioners are found eligible, they may be granted appointments.
4. Briefly the facts necessary to be narrated in the present case are that the petitioners being residents of TSP area and eligible, applied in the Rajasthan Eligibility Examination for Teachers, 2021 which was scheduled to be held on 26.09.2021. The petitioners participated in the same and after declaration of the result, merit list was also prepared. Before the process for giving appointments on the post of Teacher Grade-III, Level-2 could be completed, vide order dated 11.02.2022, the respondents took a decision to cancel the entire selection process on account of certain irregularities having been unearthed in the matter. Hence, aggrieved against the said order, the present writ petitions have been filed before this court for the reliefs stated above.
5. Learned counsel for the petitioners submits that the petitioners belong to TSP area and the said irregularities were found in the Non TSP area. He submits that the petitioners are not even remotely connected with the irregularities committed, therefore, their case may be segregated from the wrong doers and the process of recruitment should be continued in furtherance of the examination conducted by the respondents. Learned counsel further submits that the conditions of service for teachers recruited in TSP area and non TSP area are different, therefore, selection process for TSP area should be allowed to be continued. It is also contended that the petitioners who have done well in the examination will have to suffer for no fault on their part. He, therefore, prays that the writ petitions filed by the petitioners may be allowed and the respondents may be directed to continue the process for appointment to the post of Teacher Grade-III, Level-2 in furtherance of the examination conducted by them on 26.09.2021.
6. Per contra, Mr. Pankaj Sharma, learned Additional Advocate General submits that the respondents on getting the information about irregularities and mal-practices having taken place in REET Examination, 2021, the matter was inquired/ investigated. After getting the cogent evidence, the matter was deliberated on the higher level. Thereafter, a decision was taken to cancel the selection process of REET Examination, 2021. The decision was taken in the larger public interest. Learned counsel further submits that in order to have a fair and transparent process of selection for recruitment in the State of Rajasthan, REET Examination, 2021 was canceled. Learned Additional Advocate General submits that after cancellation of the selection process of REET, 2021, a fresh notification for REET, 2022 was issued, and examination was held. Thereafter, a separate examination has already been conducted in the year 2022 for recruitment on the post of Teacher Grade-III, Level-2. He, therefore, prays that writ petitions filed by the petitioners warrant no interference and the same may be dismissed.
7. I have considered the submissions made at the bar and gone through the relevant record of the case.
8. The petitioners being aspirants for appointment to the post of Teacher Grade-III, Level-2 appeared in REET Examination, 2021 in the TSP area. The examination conduct
SupremeToday
Point of Law : Merely because service conditions of candidates serving in TSP area are different then the same will have no consequence as common entrance examination is smacked by the irregularities....
(1) Constitutional values which undergird Articles 14 and 16 mandate that selection processes conducted by public authorities to make recruitments have to be fair, transparent and accountable.(2) Whe....
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