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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
SAMEER JAIN, J.
Sourav, S/o. Ashok Kumar and Ors. - Petitioners
Versus
The State Of Rajasthan, Through Its Home Secretary and Ors. – Respondents
S.B. Civil Writ Petition No. 20250/2023 Connected with S.B. Civil Writ Petition No. 39/2024, S.B. Civil Writ Petition No. 20605/2023, S.B. Civil Writ Petition No. 20606/2023, S.B. Civil Writ Petition No. 20608/2023, S.B. Civil Writ Petition No. 20615/2023, S.B. Civil Writ Petition No. 20616/2023, S.B. Civil Writ Petition No. 20618/2023, S.B. Civil Writ Petition No. 20619/2023, S.B. Civil Writ Petition No. 20621/2023, S.B. Civil Writ Petition No. 20622/2023, S.B. Civil Writ Petition No. 20623/2023, S.B. Civil Writ Petition No. 20624/2023, S.B. Civil Writ Petition No. 20637/2023, S.B. Civil Writ Petition No. 20639/2023, S.B. Civil Writ Petition No. 20640/2023, S.B. Civil Writ Petition No. 20641/2023, S.B. Civil Writ Petition No. 20647/2023, S.B. Civil Writ Petition No. 20754/2023, S.B. Civil Writ Petition No. 20765/2023, S.B. Civil Writ Petition No. 20781/2023, S.B. Civil Writ Petition No. 20789/2023, S.B. Civil Writ Petition No. 31/2024, S.B. Civil Writ Petition No. 37/2024, S.B. Civil Writ Petition No. 55/2024, S.B. Civil Writ Petition No. 58/2024, S.B. Civil Writ Petition No. 59/2024, S.B. Civil Writ Petition No. 67/2024, S.B. Civil Writ Petition No. 70/2024, S.B. Civil Writ Petition No. 71/2024, S.B. Civil Writ Petition No. 72/2024, S.B. Civil Writ Petition No. 73/2024, S.B. Civil Writ Petition No. 80/2024, S.B. Civil Writ Petition No. 86/2024, S.B. Civil Writ Petition No. 87/2024, S.B. Civil Writ Petition No. 90/2024, S.B. Civil Writ Petition No. 91/2024, S.B. Civil Writ Petition No. 92/2024, S.B. Civil Writ Petition No. 94/2024, S.B. Civil Writ Petition No. 95/2024, S.B. Civil Writ Petition No. 101/2024, S.B. Civil Writ Petition No. 105/2024, S.B. Civil Writ Petition No. 106/2024, S.B. Civil Writ Petition No. 107/2024, S.B. Civil Writ Petition No. 111/2024, S.B. Civil Writ Petition No. 116/2024, S.B. Civil Writ Petition No. 118/2024, S.B. Civil Writ Petition No. 124/2024, S.B. Civil Writ Petition No. 125/2024, S.B. Civil Writ Petition No. 127/2024, S.B. Civil Writ Petition No. 131/2024, S.B. Civil Writ Petition No. 132/2024, S.B. Civil Writ Petition No. 134/2024, S.B. Civil Writ Petition No. 144/2024, S.B. Civil Writ Petition No. 154/2024, S.B. Civil Writ Petition No. 156/2024, S.B. Civil Writ Petition No. 159/2024, S.B. Civil Writ Petition No. 160/2024, S.B. Civil Writ Petition No. 169/2024, S.B. Civil Writ Petition No. 172/2024, S.B. Civil Writ Petition No. 201/2024, S.B. Civil Writ Petition No. 202/2024, S.B. Civil Writ Petition No. 206/2024, S.B. Civil Writ Petition No. 207/2024, S.B. Civil Writ Petition No. 212/2024, S.B. Civil Writ Petition No. 229/2024, S.B. Civil Writ Petition No. 230/2024, S.B. Civil Writ Petition No. 243/2024, S.B. Civil Writ Petition No. 247/2024, S.B. Civil Writ Petition No. 318/2024, S.B. Civil Writ Petition No. 319/2024 S.B. Civil Writ Petition No. 320/2024, S.B. Civil Writ Petition No. 334/2024, S.B. Civil Writ Petition No. 369/2024, S.B. Civil Writ Petition No. 384/2024, S.B. Civil Writ Petition No. 397/2024, S.B. Civil Writ Petition No. 416/2024, S.B. Civil Writ Petition No. 424/2024, S.B. Civil Writ Petition No. 427/2024, S.B. Civil Writ Petition No. 431/2024, S.B. Civil Writ Petition No. 433/2024, S.B. Civil Writ Petition No. 435/2024, S.B. Civil Writ Petition No. 444/2024, S.B. Civil Writ Petition No. 445/2024, S.B. Civil Writ Petition No. 450/2024, S.B. Civil Writ Petition No. 452/2024, S.B. Civil Writ Petition No. 453/2024, S.B. Civil Writ Petition No. 454/2024, S.B. Civil Writ Petition No. 458/2024, S.B. Civil Writ Petition No. 461/2024, S.B. Civil Writ Petition No. 463/2024, S.B. Civil Writ Petition No. 468/2024, S.B. Civil Writ Petition No. 474/2024, S.B. Civil Writ Petition No. 501/2024, S.B. Civil Writ Petition No. 508/2024, S.B. Civil Writ Petition No. 509/2024, S.B. Civil Writ Petition No. 535/2024, S.B. Civil Writ Petition No. 557/2024, S.B. Civil Writ Petition No. 631/2024, S.B. Civil Writ Petition No. 633/2024, S.B. Civil Writ Petition No. 637/2024, S.B. Civil Writ Petition No. 654/2024, S.B. Civil Writ Petition No. 673/2024, S.B. Civil Writ Petition No. 679/2024, S.B. Civil Writ Petition No. 702/2024, S.B. Civil Writ Petition No. 847/2024, S.B. Civil Writ Petition No. 853/2024, S.B. Civil Writ Petition No. 967/2024, S.B. Civil Writ Petition No. 1079/2024, S.B. Civil Writ Petition No. 1154/2024, S.B. Civil Writ Petition No. 1290/2024, S.B. Civil Writ Petition No. 1433/2024, S.B. Civil Writ Petition No. 1588/2024, S.B. Civil Writ Petition No. 1633/2024, S.B. Civil Writ Petition No. 1664/2024, S.B. Civil Writ Petition No. 1854/2024, S.B. Civil Writ Petition No. 1887/2024, 117 S.B. Civil Writ Petition No. 1899/2024, S.B. Civil Writ Petition No. 2815/2024.
Decided On : 12-12-2024
(A) Rajasthan Police Subordinate Service Rules, 1989 - Rule 21 and 2(a) - Common Eligibility Test (CET) Rules, 2022 - Recruitment process for Constable - The advertisement dated 03.08.2023 specified 3578 vacancies, requiring fifteen times candidates for PET/PST. The respondents issued admit cards to fewer candidates than required, violating the advertisement conditions and causing prejudice to the petitioners' rights under Articles 14, 16, and 21 of the Constitution. The court found the recruitment process to be non-transparent and biased, leading to the dismissal of the petitions. (Paras 1, 22)
(B) Recruitment Process - The court emphasized that the recruitment process must adhere to the stipulated conditions in the advertisement, ensuring fairness and transparency. The respondents' failure to call fifteen times candidates was deemed a violation of the rules. (Paras 22.1, 22.3)
JUDGMENT :
(Sameer Jain, J.)
1. In the present batch of writ petitions, the scope of the controversy involved, albeit not limited to but is broadly and predominantly defined by the challenge raised regarding the correctness and transparency in the selection process for the post of constable (in pursuance to advertisement dated 03.08.2023) whereby the respondents have not called for fifteen times of candidates qua each district. Consequently, considering the fact that the writ petitions warrant adjudication on common questions of law and fact; with the consent of learned counsel appearing on behalf of all the parties, S.B. Civil Writ Petition No. 20250/2023 titled as Sourav and Ors. vs. State of Rajasthan and Ors, is taken up as the lead petition. It is cautiously clarified that any discrepancies in the present batch of writ petitions, pertain purely to the factual narratives contained therein and not vis-à-vis the questions of law to be determined by this Court; the instant judgment shall be applicable on all the petitions connected herein/henceforth on mutatis mutandis basis.
2. The lead petition Sourav and Ors. vs. State of Rajasthan and Ors is filed with the following prayers:
ii) By an appropriate writ, order or direction in the nature thereof thereby, the respondents may kindly be directed to proceed the recruitment for the post of Constable in accordance with Rule 17 of Rajasthan Police Subordinate Service Rules, 1989.”
FACTUAL BACKDROP
3. The nitty-gritty of the instant dispute is that the respondents issued an advertisement dated 03.08.2023 inviting applications from the eligible candidates for the post of Constable under the provisions of Rajasthan Police Subordinate Service Rules, 1989 as amended (hereinafter, referred to as Rules of 1989). The said advertisement categorically stated the intake for 3578 posts (of Constable) for the state of Rajasthan. In the said advertisement along with the scheme of examination the other relevant information, for instance, the minimum eligibility criteria i.e. Common Eligibility Test (CET) Examination, horizontal and vertical reservation, mode of examination and relevant dates and schedule were specified.
4. Subsequently, the Director General of Police, Rajasthan, Jaipur issued a standing order dated 27.07.2023 wherein, it was clarified that all the candidates who have filled applications for the post of Constable shall be invited on the basis of merits scored by them and fifteen times of category wise vacancies published for the first phase (PET/PST). It was also clarified that only the candidates who have qualified the PET examination shall be permitted to appear in the PST examination.
SUBMISSIONS MADE BY THE LEARNED COUNSEL APPEARING FOR THE PETITIONERS
5. In this backdrop, learned counsel appearing for the petitioners had averred that the petitioners upon qualifying the CET examination, 2022 applied for the post of Constable in pursuance of the advertisement dated 03.08.2023. It was further contended that as per the advertisement and the corrigendum thereof, 3578 posts for Constable(s) were advertised, moreover, as per the condition 10 of the said advertisement the said number of posts were bifurcated district wise/ post wise/ category wise/ gender wise among the number of vacancies. Withal, the said advertisement also elucidated that the admit cards for PET/PST examination shall only be issued to the candidates fifteen times less in the priority/merit list.
6. The controversy arose when the respondents issued admit cards for PET/PST examinations to candidates less than fifteen ti
The recruitment process for constables must adhere to the stipulated conditions in the advertisement, ensuring fairness and transparency in candidate selection.
Post of Police constable – Direct recruitment - To lower respective category-wise merit and accord selection to them on the vacant posts of Constable (Civil Police/PAC) – Held, Such situation eventua....
Public Service Commission - Civil service Examination - Public Service Commission have no power to relax the recruitment norms - Public Service Commission have no power to relax the recruitment norms
The main legal point established in the judgment is that the selection process must adhere to the terms of the advertisement and the prescribed rules, and any deviation from these norms is impermissi....
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