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2023 Supreme(Raj) 847

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SUDESH BANSAL, J.
Kuldeep Singh S/o Shri Devi Singh – Appellant
Versus
The State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 5773 of 2023
Decided on : 23-08-2023

Advocates:
Advocate Appeared:
For the Appellant : Ms. Supriya Saxena, Mr. Vigyan Shah, Mr. Ram Pratap Saini, Mr. Aamir Khan, Mr. Rajpal Dhankhar, Mr. Sukhraj Singh Rathore, Ms. Komal Kumari Giri, Mr. Bajrang Sepat, Mr. Aditya Sharma, Mr. Chandra Shekhar, Mr. Sunil Kumar Sigodiya, Mr. Prateek Mathur
For the Respondent: Mr. Jaswant Persoya, Mr. S. Zakawat Ali, AGC, Mr. Vinod Kumar Gupta, Mr. M. F. Baig, Mr. Punit Singhvi, Mr. Ajay Singh Rathore, Ms. Anita Aggarwal, Mr. Himanshu, Mr. Sudhir Yadav, Dr. Y. C. Sharma

Headnote:

Recruitment Rules of 2021 - Rule 17 - Constitution of India, 1950 - Article 226 - Appointment on post - Non-consideration of candidature - Writ petitioners are aggrieved by non-consideration of their candidature on merits for appointment on post in question - Held, Process of issuing registration certificate by U.P. Council, petitioner was not found at fault and following proposition of law is expounded in case of Narendra Singh (supra), Hon'ble Supreme Court allowed writ petition and directed respondents to appoint appellant on post of Health Worker (Female) who was already in possession of requisite educational qualification - Both judgments have been delivered in altogether different nature of facts, therefore, do not provide any help to writ petitioners, who have undisputedly failed to acquire requisite educational qualification for post in question before conducting of written competitive examination by RPSC - Writ petitioners may not be treated as eligible for want of not acquiring requisite educational qualification before or upto cut off, date as fixed by RPSC, in advertisement itself for consideration of their candidature on merits for post of Lecturer-School Education in respective subject pursuant to advertisement - Writ petitions dismissed.

JUDGMENT :

1. The clinching issue arises in the instant batch of civil writ petitions revolves around the fact that petitioner(s) could not acquire the requisite educational qualification for the post of Lecturer-School Education in different subjects upto the cut off date i.e. the date of holding the written competitive examination as per the essential condition envisaged in the advertisement itself, yet petitioner(s) has come up with a case that he/she had appeared in the examination of final year of the requisite educational qualification held by the university concerned before the date of competitive examination, however due to the delay/negligence in declaring the result of the requisite qualification on the part of the concerned university, subsequent to the date of conducting the competitive examination, wherein the petitioner(s) has passed the final year examination, and since the delay in declaring the result of final year of the requisite education qualification is not attributable to the petitioner(s) but it is on the part of university concerned, therefore, the candidature of petitioner(s) be considered on merit for appointment on the post of Lecturer-School Education in respective subjects treating him as having acquire the requisite educational qualification. Few of writ petitioners have filed writ petitions before rejection of the candidature by the RPSC and few others have filed writ petitions after rejection of candidature by the RPSC only on the ground of not acquiring the requisite educational qualification for the post in question before or upto the date of conducting the written competitive examination and hence, all writ petitioners are jointly aggrieved by non-consideration of their candidature on merits for appointment on the post in question. The relevant condition as envisaged in the advertisement issued by the RPSC and which is in conformity to the proviso appended to Rule 17 of the Recruitment Rules of 2021, reads as under:-

    'kS{kf.kd vgZrk laca/kh izko/kku %&
    ^^in dh visf{kr 'kS{kf.kd vgZrk ds vafre o"kZ esa lfEefyr gqvk gks ;k lfEefyr gksus okyk O;fDr Hkh vkosnu djus ds fy, ik= gksxk] fdUrq mls vk;ksx }kjk vk;ksftr izfr;ksxh ijh{kk ls iwoZ 'kS{kf.kd vgZrk vftZr djus dk lcwr nsuk gksxkA^^

2. Since facts in all writ petitions are substantially similar and legal point involved therein is identical in nature, therefore, with consent of learned counsel for both parties, all writ petitions were tagged and have been heard together. Accordingly, all writ petitions would stand decide by this common judgment.

3. In order to deal with the issue in question, facts are taken from SBCWP NO.5773/2023 (Kuldeep Singh & Anr. Vs. State of Rajasthan & ors.) as also from SBCWP NO.17689/2022 (Amit Jangu Vs. State of Rajasthan).

3.1 The Rajasthan Public Service Commission, Ajmer (for short “the RPSC”) through advertisement dated 28.04.2022 invited applications for appointment on the post of Lecturer-School Education in different subjects by way of Direct Recruitment under the Rajasthan Education (State and Sub-Ordinate) Service Rules, 2021 (for short “Rules of 2021”). As per the condition envisaged in the advertisement, it is clear that the aspirant/candidate in the final year of the requisite educational qualification for the post in relevant subjects will also be eligible to apply but he/she will have to produce the proof of having acquired the requisite educational qualification before the date of conducting competitive examination by the RPSC.

3.2 Both petitioners of CWP NO.5773/2023 were undergoing their post graduation course and were studying in final year of P.G. Course, however pursuant to the advertisement dated 28.04.2022 being eligible applied for the post of School Lecturer in English and Political Science. The written competitive examination of petitioners were conducted by RPSC on 11.10.2022, 14.10.2022 and



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