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2025 Supreme(Raj) 2068

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA, J.
 
Arvind S/o Shri Bhanwar Lal – Appellant 
Versus
State Of Rajasthan – Respondent 
S.B. Civil Writ Petition No. 8784 of 2025
Decided on : 04-029-2025

Advocates:
Advocate Appeared:
For the Appellant : Mr. Manvendra Singh Rathore with Ms. Saumya Choudhary and Ms. Ananya Rathore
For the Respondent: Mr. Kamlesh Sharma, AGC Mr. Rituraj Singh Bhati with Mr. Raj Singh Bhati and Mr. Shailendra Kumar Ms. Nandipna Gehlot for Mr. Manish Patel

Writ jurisdiction requires prompt action by authorities when candidates are selected, especially when delays affect their right to employment.

Headnote:(A) Education Act - Section not specified - Recruitment process for Teacher Level-II - The petitioners participated in the recruitment process and were provisionally selected; however, their appointment was delayed due to pending verification of sports certificates - Respondent Department failed to communicate the status of investigation by SOG, leading to claims of discrimination as similar certificates were accepted by the authorities for other candidates - Court directed to allow petitioners to join respective posts and stated that SOG retains liberty to investigate the certificates as needed. (Paras 19-21)

(B) Writ Jurisdiction - Principles of natural justice - Delay in the process or lack of communication from authorities does not justify leaving selected candidates without appointment - The court emphasized the need for timely action by the authorities to prevent undue hardship to selected candidates. (Paras 18, 19)

Table of Content
1. writ petition filed for employment appointment. (Para 1 , 2 , 8)
2. arguments regarding delayed verification of documents. (Para 4 , 9 , 11)
3. discriminatory actions regarding sports certificates. (Para 13 , 16)
4. court's directive for timely action for appointment. (Para 19 , 20)

Order :

REKHA BORANA, J.

1. The present writ petition has been filed with a prayer that the petitioners be afforded appointment on the post of Teacher Level-II for subject Social Studies in pursuance to advertisement dated 16.12.2022 (Annexure-1) issued by the Rajasthan Staff Selection Board, Jaipur.

2. The case of the petitioners is that they participated in the recruitment process in pursuance to advertisement dated 16.12.2022 and found place in the provisional select list. The petitioners were called for document verification and after being finally selected, were allotted respective schools. However, they were permitted to join and hence, the present writ petition has been filed.

3. Reply to the writ petition has been filed on behalf of the respondent-Elementary Education Department with a submission that the appointment of the petitioners was kept pending in view of the pending report from the Special Operations Group (SOG) which had undertaken an inquiry pertaining to the authenticity of the sports certificates submitted by the petitioners.

4. It has been submitted that vide communication dated 27.09.2023, it was observed by the competent authority that the sports certificates as submitted by the petitioners were not satisfactorily verified. Further, the SOG had sought details of the petitioners which have been forwarded by the respondent- Department but then, no further communication has been made by the SOG and hence, no further action can be taken by the respondent-Department.

5. Vide order dated 21.05.2025, this Court observed and directed as under:

“5. Counsels shall also submit about the present status of the verification of the documents/certificate of the petitioners. If no steps have been taken by the State or the RSSB till date to get the same verified, it be positively done by the next date and the report whatsoever be filed along with the reply.”

6. On 05.08.2025, after hearing the counsels, Court directed learned counsel Mr. Raj Singh Bhati who appeared for SOG, to file a specific report regarding the result of the investigation as conducted by SOG qua the certificates of the present petitioners. On that date, the Court specifically observed that if no report is filed by the next date, the matter would be heard on its own merit.

7. Today, learned counsel Mr. Ritu Singh Bhati submits that although a communication has been made/sent to the SOG for the present status but then, the same has not been responded to till date. He further submits that so far as the petitioners are concerned, admittedly, they have not even been served with any notice by the SOG yet. He submits that the petitioners would be called upon in due time for verification of their documents by the SOG.

8. Counsel for the petitioners submits that the recruitment in question pertains to year 2022 and even the final select list was issued in the year 2024. The appropriate orders for allotment of schools to the petitioners were also passed in the year 2024. But till date, the petitioners have not been permitted to join on the pretext of the inquiry been conducted by the SOG He submits that no notice whatsoever, has been served on the petitioners till date by the SOG calling upon to file their defence.

9. On merit, counsel submits that the petitioners submitted a certificate issued by the Association of Indian Universities qua a tournament held at Jagan Nath University, Jaipur from 14.01.2023 to 17.01.2023 for the sport of “Tug of War”. The said certificate has been opined by the respondents to be doubtful and not verified whereas certain other candidates who had submitted a certificate of the same tournament and of the same date, have been afforded appointment. To

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