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2023 Supreme(Raj) 2157

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Ganesh Ram Meena, J.
Suresh Kumar Meena and ors. - Petitioners
Versus
Union of India and ors. - Respondents
S.B. Civil Writ Petition No. 11404 of 2018
Decided On : 21-04-2023

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Anoop Agarwal
For the Respondent: Mr. Anand Sharma

Headnote:(A) Constitution of India - Articles 14 and 16 - Non-inclusion of petitioners in interview list for appointment as Public Notaries - Petitioners applied on 08.05.2018; interview held between 23.05.2018 to 30.05.2018 - Respondents did not provide public notice with cut-off date - Court found petitioners eligible as none could show ineligibility. (Paras 2, 8, 11, 12)

(B) Interim orders - Court allowed petitioners to appear provisionally in the interview - Three out of four petitioners declared successful. (Paras 5, 10, 12)

Facts of the case:
Petitioners challenged exclusion from the Notary Public interview list, asserting eligibility as per selection norms, while respondents cited late application submission. Court noted lack of evidence for prior cut-off notice and interim participation of petitioners.

Findings of Court:
Court determined that three petitioners were successful in the interview and directed appointment as Public Notaries.

Issues: The key issue was whether respondents had legally justified the exclusion of petitioners from the selection process.

Ratio Decidendi: Court concluded that since the respondents could not prove ineligibility, and interim participation was allowed, successful candidates should be appointed.

Result: Writ petition allowed; respondents directed to appoint three petitioners.

Table of Content
1. petitioners' application process and grievance. (Para 1)
2. petitioners claim eligibility and discrimination. (Para 2)
3. respondents assert timeline compliance. (Para 3 , 4)
4. temporary order allowed petitioners' participation. (Para 5)
5. results of interview revealed. (Para 6)
6. no evidence of lack of eligibility by respondents. (Para 8 , 9)
7. respondents admit notaries are not civil servants. (Para 10)
8. petitioners deemed eligible and successful in interview. (Para 11 , 12)
9. court orders issuance of appointment certificates. (Para 13 , 14)

JUDGMENT :

Ganesh Ram Meena, J.

The petitioners being aggrieved by the actions of the respondents in non-inclusion of their names in the interview for selection process for appointment as Public Notaries, Government of India in the State of Rajasthan which held from 23.05.2018 to 30.05.2018 have approached this Court under writ jurisdiction by filing this writ petition.

2. Counsel appearing for the petitioners submitted that the petitioners submitted their Online Application Forms on 08.05.2018 for selection as Notary Public, Government of India, in the State of Rajasthan, with hard-copies of applications to the District & Sessions Judge, Jaipur Metro City, Jaipur. The respondents while issuing the list of candidates for interview to commence from 23.05.2018 to 30.05.2018 for selection for appointment as Notaries Public, Government of India, in the State of Rajasthan, did not include their names. Counsel submitted that the petitioners are fully eligible as per the norms prescribed by the respondents for selection as Public Notaries, Government of India in the State of Rajasthan. Counsel submitted that the respondents have discriminated in not including their names in the list of candidates to be interviewed during the period 23.05.2018 to 30.05.2018 and the same is illegal and also violative of Articles 14 and 16 of the Constitution of India.

3. The respondents submitted a detailed reply to the writ petition and Mr. Anand Sharma appearing on behalf of the respondents argued that in the list of candidates for interview for selection as Public Notaries, Government of India in the State of Rajasthan, the names of all the candidates were included who submitted their Online Application Forms on or before 30.04.2018. Since the petitioners submitted their Online Application Forms on 08.05.2018, their names were not included in the interview list. The respondents also stated in the reply that the applications of the petitioners will be processed and they will be called for interview in the next round as and when conducted.

4. The respondents also filed counter affidavit affidavit mentioning that the candidates whose applications were received by the respondents on or before 30.04.2018 were called for interview which commenced from 23.05.2018 to 30.05.2018.

5. This Court vide interim order dated 24.05.2018 directed the respondents to allow the petitioners provisionally for appearing in the interview.

6. On 17.12.2018, the respondents produced the result of the interview of the petitioners for the post of Notary, Government of Rajasthan, before this Court and the petitioner No.1-Suresh Kumar Meena, petitioner No.3-Surendra Kumar Meena and the petitioner No.4-Rajendra Prasad Meena were declared successful and the petitioner No.2 Ashwani Kumar Meena remained unsuccessful.

7. Considered the submissions advanced by both the counsels appearing for the respective parties.

8. The petitioners submitted their Online Application Forms for selection for Public Notaries, Government of India in the State of Rajasthan on 08.05.2018 in a regular process. The respondents in their reply to the writ petition could not place on record any document showing that there was a public notice for inviting applications for selection as Public Notaries, Government of India in the State of Rajasthan before a particular cut-off date and also no such oral argument was raised. The petitioners have specifically stated in

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