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1994 Supreme(Raj) 551

Rajasthan High Court, Jaipur Bench
Honble Anshuman Singh & Arun Madan, JJ.
Yogesh Choudhary - Appellant
Versus
Rajasthan Public Service Commission, Ajmer - Respondents
D.B. Special Appeal (Writ) No. 787 of 1994
Decided On : December 13, 1994

Advocates Appeared:
Prem Asopa, for Appellant- petitioner Ashok Prihar , for Respondent-RPSC.

Headnote:Rajasthan Forest Subordinate Service Rules, 1963, Rule 20(d) - In the Notification issued by the RPSC it is clear that the canddiate must posses the requisite educational qualification on the last date fixed for submission of the application form— The attained of degree on subsequent date will not entitle such candidate to be called for interview though he may have allowed to appear in the written examination, (Para9&12)

       

Honble SINGH, J, — This Special Appeal is directed against the judgment dated 30.09.1994 passed by the learned single Judge in S.B.Civil Writ Petition No.2596/94 dismissing the petition of the appellant-petitioner.

(2). The facts giving rise to the present appeal as unfolded in the writ petitoin briefly stated are as under:

(3). The appellant-petitioner is a resident of Nawalgarh in District-Jhunjhunu, State of Rajasthan. He passed his 10 + 2 examination in the year 1990 securing 50% marks. Thereafter, he joined graduation course in Poddar College, Nawalgarh, which is affiliated college of the University of Rajasthan. He cleared his 1st Year Examination and Second Year Examination securing 69% and 68% marks, respectively. The appellant-petitioner appeared in the Third Year Examination in the month of May, 1993. It appears that an advertisement was published by the Rajasthan Public Service Commission, Ajmer in Rojgar Sandesh dated, 15.04.1993 inviting applications for various posts under the Rajasthan Forest Subordinate Service Rules, 1962 and the Rajasthan Forest Subordinate Service Rules, 1963, including that of Ranger Grade- I. The total number of posts of Rangers that were to be filled in were 55. The appellant-petitioner applied for the post of Ranger Grade-I. In the advertisement the last date for submission of the application form was given as 31.05.1993. The minimum qualification for the post of Ranger Grade-I was prescribed in the Notification as graduation from a recognised University. It is alleged that a note was mentioned in Item No.13 to the effect that the applications of such candidates who will get success in the examination by the last date of submission of the application forms, shall be considered as having been rejected. It was further averred that this note was vague and on a reading of the same nothing could be dediphered as to what was the intention of the respondents by inserting a note of this type. It was also alleged that from a perusal of the contents of para 4 and 5 it seems that the respondent had clearly mentioned that the candidates should have ascertained on their own that they possess the requisite academic qualification for written examination to be held before the candidates were called for interview. The main contention raised by the appellant-petitioner in the writ petition was that the note appended in the advertisement did not lays down that the candidates should possess the academic qualification on the last date fixed for submission of application form. It appears that the appellant-petitioner was called for written test in the month of December, 1993 in which he appeared. In fact the said examinations were to be conducted in the month of September, 1993, however the said examination was post-poned for the month of December, 1993. It was alleged that the petitioners result for Bechlors Degree was declared on 10.07.1993. After written examination, a letter was sent to the appellant-petitioner directing him to appear in the interview on 24.05.1994 at 9.45 a.m in the office of RPSC at Ajmer. One of the conditions mentioned in the end of the aforesaid letter was that the candidates who had already cleared their B.Sc. Examination by 31.05.1993 shall be considered eligible and incase they had not cleared the examination, their candidature will be rejected. The appellant contended that this was for the first time that such condition was put in the interview letter. Appellant-petitioner feeling aggrieved by the agrosaid condition mentioned in the interview letters, approached this Court under Article 226 of the Constitution of India and prayed that the condition mentioned in the interview letter should be quashed and the respondent be directed to allow the appellant petitioner to appear in the interview, irrespective of the fact that the petitioner did not possess the degree of graduation on 31st May 1993.

(4). The respondent-RPSC contested the claim of the appellant-petitioner and in the counter

















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