IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Vinit Kumar Mathur, J.
Ravi Kumar – Appellant
Versus
Jodhpur Muncipal Corporation & Ors. – Respondent
Civil Writ Petition No. 18486 of 2022
Decided On : 10-04-2023
Experience Requirement - Safai Karamachari - The court dismissed a writ petition seeking appointment as a Safai Karamachari due to the petitioner's lack of requisite experience, despite citing the appointment of another individual with similar circumstances. The court found that the petitioner's one-month experience did not meet the one-year requirement, and the appointment of the other individual did not affect the petitioner's case.
Fact of the Case:
The petitioner applied for the post of Safai Karamachari but was rejected due to lack of requisite experience. The petitioner sought reconsideration citing the appointment of another individual with similar circumstances.
Finding of the Court:
The court found that the petitioner's experience did not meet the requirement and that the appointment of the other individual did not affect the petitioner's case. The court dismissed the writ petition due to lack of merit.
Issues: Rejection of petitioner's appointment due to lack of experience, Comparison with appointment of another individual, Delay in approaching the court
Ratio Decidendi: The petitioner's one-month experience did not meet the one-year requirement, and the appointment of another individual with different circumstances did not warrant reconsideration of the petitioner's case.
Final Decision: The writ petition lacked merit and was dismissed.
JUDGMENT
Vinit Kumar Mathur, J. - Heard learned counsel for the parties.
2. The present writ petition has been filed with the following prayers:-
"A. By an appropriate writ, order or direction the Respondent may kindly be directed to grant appointment to the petitioner on the post of Safai Karamachari in pursuance to the appointment order dated 01.09.2018 (Annex.02) with all consequential benefits.
B. By an appropriate writ, order or direction the Respondent may kindly be directed to consider the case of petitioner for appointment on the post of Safai Karamachari as given to one Arif Khan S/o Sadik Khan on 25.02.2022 (Annex.08) with all consequential benefits.
C. By an appropriate writ, order or direction the rejection order dated 29.03.2019 (Annex.04) may kindly be quashed & set aside."
3. Learned counsel for the petitioner submits that in pursuance of the advertisement issued on 13.04.2018 for direct recruitment on the post of Safai Karamachari, the petitioner submitted his application along with the requisite documents. However, the respondents after considering the same, rejected his candidature vide order dated 29.03.2019 (Annex.4). The candidature of the petitioner was rejected on the ground that he does not hold the requisite experience for the post in view of the experience certificate produced by him along with the requisite documents.
4. The present writ petition has been filed on the ground that one person namely Arif Khan, who was similarly situated to the petitioner has been granted appointment vide order dated 25.02.2022 and, therefore, he submits that the case of the petitioner may also be reconsidered by the respondents.
5. Per contra, learned counsel for the respondents has filed reply and submitted that the case of Arif Khan stands on a totally different footing and the reasons for reconsideration of the case have been provided in the detailed order passed by the respondents on 25.02.2022. Learned counsel further submits that the petitioner has approached this Court after a delay of more than 4 years without showing any reasonable or plausible explanation. He also submits that even on reconsideration of the case of the petitioner, there will be no change as the experience certificate issued by him, which is placed on record as Annex.R/1 clearly shows that he holds the experience of only one month whereas the requirement as per the advertisement is of one year. He, therefore, prays that it will be a futile experience to reconsider the matter of the petitioner as the result of the same will not be changed in the present set of facts. He, therefore, prays that the writ petition filed by the petitioner may be dismissed.
6. I have considered the submissions made at the Bar and have gone through the relevant record of the case.
7. The admitted position in the case is that the petitioner applied for the post of Safai Karamachari in pursuance of the advertisement dated 13.04.2018 and the candidature of the petitioner was considered along with the other persons. While considering the candidature of the petitioner, requisite documents submitted by him were also taken into consideration and after consideration of the case of the petitioner, his candidature was not considered favourably as the petitioner lacks the experience.
8. Since the experience certificate of the petitioner Annex.R/1 dated 05.05.2018 clearly shows that he had a work experience of only one month whereas the requirement is the work experience of one year, therefore, in the opinion of this Court, even reconsideration of the case of the petitioner will not bear any different result. As far as the case of Arif Khan is concerned in the order dated 25.02.2022, the respondents have submitted that the matter was referred to the higher authorities for appropriate direction in case the pendency of criminal cases against a candidate is there. The higher authorities have given the guidelines to the respondents located at Jodhpur and, therefore, the case of Arif Khan was re
The appointment of another individual with similar circumstances does not warrant reconsideration of a petitioner's case if the petitioner's qualifications do not meet the requisite standards.
The court established that the validity of experience certificates is determined by the actual experience possessed by the candidate, rather than the authority issuing the certificate, thereby priori....
Temporary employees lack vested rights to claim benefits under circulars if they do not meet recruitment criteria and delay in claims can bar relief.
The decision of the selection committee cannot be examined under writ jurisdiction in the absence of malice or arbitrariness.
The court affirmed the respondents' legitimate expectation to be appointed as Safai Walas after successfully completing the recruitment process, despite objections regarding the release of vacancies.
The court ruled that petitioners lacked standing to challenge appointments after significant time had elapsed, emphasizing the importance of locus standi.
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