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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Amar Deep Sharma, S/o. Shri Devki Nandan Sharma – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of Education – Respondent
| Table of Content |
|---|
| 1. facts about petitioner's examination process. (Para 2 , 3 , 4 , 5) |
| 2. petitioner's argument on rule changes. (Para 6) |
| 3. respondent's counter-argument regarding clarity. (Para 8) |
| 4. validity of instructions and participation conditions. (Para 12 , 13 , 14 , 15) |
| 5. final ruling dismissing the writ petition. (Para 17 , 18) |
ORDER :
NUPUR BHATI, J.
1. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India claiming following relief(s):
“It is, therefore, most humbly and respectfully prayed that the writ petition may kindly be allowed and by issuing an appropriate writ, order or direction:
i. By an appropriate writ order or direction, the point no.7 & 8 both important instructions given in admit card (Annex.3) may kindly be quashed and set-aside.
ii. By an appropriate writ order or direction, the respondent may kindly be directed to consider the candidature of the petitioner for the post of Teacher Grade-III Level-I and grant appointment on the post of Teacher Grade-III Level-I in pursuance to notification dated 11.07.2024 (Annex.-1) with all consequential benefits.
iii. Any other appropriate relief which this Hon'ble High Court
Candidates participating in a selection process cannot later challenge its terms after being declared unsuccessful; acceptance of terms is binding.
Candidates who fill incorrect marks that disadvantage them should not have their candidature cancelled, while those who gain an advantage through errors may face disqualification.
on a reading of the Government Order and Circulars applicable it is quite clear that wherever a candidate had put himself in a disadvantageous position as stated above his candidature shall not be ca....
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
Glaring illegalities in the selection procedure can be challenged, and the Court has the authority to set aside the selection process and direct a restart in accordance with the applicable rules.
The court emphasized the principle of estoppel and upheld the change in policy regarding eligibility criteria and the prerogative of the selection committee to declare the cut off mark in the CBT for....
The main legal point established in the judgment is the court's power to intervene in cases of illegal, mala fide, or arbitrary exercise of power and discretion by State authorities, and to grant equ....
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