PURAN SINGH vs STATE OF RAJASTHAN

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

[2023/RJJD/008658]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Writ Misc Application No. 63/2023
1. Puran Singh S/o Shri Hem Singh, Aged About 25 Years, Resident Of - Amarsar, Churu, Rajasthan.
2. Rahul Kumar S/o Shri Gyan Chand Bairwa, Aged About 22 Years, Resident Of - Chimni Ka Kuwa, Dhanna Talai, Tonk, Rajasthan.
3. Dinesh Gander S/o Shri Jitendra, Aged About 21 Years, Resident Of - Outside Chand Pole, Raghuanth Baori, Jodhpur, Rajasthan.
4. Kheta Ram S/o Shri Sewa Ram, Aged About 25 Years, Resident Of - Darjiyon Ki Dhani, Falsund, Jaisalmer, Rajasthan.
5. Sumit Kumar S/o Shri Man Singh, Aged About 26 Years, Resident Of - Mahapalwas, Jhunjhunu, Rajasthan.
6. Mukhraj Gurjar S/o Shri Kalu Lal Gurjar, Aged About 22 Years, Resident Of - Villagea Rangvilas, Tonk, Rajasthan.
7. Sachin Singh S/o Shri Vikram Singh, Aged About 23 Years, Resident Of - Dungarpura, Jahannagar Morda, Karauli, Rajasthan.
8. Paras Gurjar S/o Shri Mohan Lal, Aged About 21 Years, Resident Of - Aktasa, Bundi, Rajasthan.
----Applicants Versus
1. State Of Rajasthan, Animal Husbandry Department, Rajasthan, Through The Secretary Jaipur, Rajasthan.
2. The Rajasthan Subordinate And Ministerial Service Selection Board, Through The Chairman Of Board, Jaipur, Rajasthan.
3. The Secretary, Of The Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, Rajasthan.
4. Suman D/o Durga Ram, Resident Of Bhambhuo Ki Dhani, Mansagar, Danwara, Tehsil Baori, District Jodhpur.
5. Sarjeet Singh S/o Bhanwar Singh, Resident Of Vpo Dayal, Tehsil Didwana, District Nagaur.
6. Yajuvendra Singh S/o Keshar Singh Deora, Resident Of Vpo Dabani, Tehsil Reodar, District Sirohi.
7. Pramila Kumari D/o Manohar Singh, Resident Of Village Dhoti, Post Kaldeh, Tehsil Bhim, District Rajsamand.
8. Dhanna Ram Sangwa S/o Shivlal, Resident Of Village Dhorelaw, Post Netdiya, Tehsil Meria Ciy, District Nagaur.
9. Vijay Adoliya S/o Madan Lal Regar, Resident Of Regar Mohalla, Kelwa, District Rajsamand.
10. Sonu Suwalka D/o Ramprasad Suwalka, Resident Of In Front Of New Bus Stand, Shahpura, District Bhilwara.
11. Mukesh Kumar S/o Mangi Lal, Resident Of Bhartava Ka Bera, Village Daman, Post Kaleti, Tehsil Bagoda, District Jalore.
12. Monika Kumari D/o Adesh Kumar, Resident Of Village Bhainsali, Tehsil Rajgarh, District Churu.
13. Purba Ram S/o Ram Chandra, Resident Of Kukuno Ki Dhani, Village Alay, District Nagaur.
14. Shrawan Kumar S/o Heera Ram, Resident Of 110 Ramdev Mahalla, Sadalwa, Post Kotbaliyan, Tehsil Bali, District Pali.
15. Hari Ram S/o Peera Ram, Resident Of Village Mewra, Tehsil Degana, District Nagaur.
16. Shivani Bhatt D/o Dharmendra Kumar Bhatt, Resident Of Rathore Gali, Vijaipur, District Chittorgarh.
17. Pawan Kumar S/o Krishan Kumar, Resident Of Vpo Janana, Tehsil Bhadra, District Hanumangarh.
18. Manisha D/o Bala Ram, Resident Of Village Anupsahar, District Hanumangarh.
----Respondents For Applicant(s) : Mr. Manish Patel For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

05/04/2023 The instant application has been filed on behalf of the applicants with a prayer for recalling or review of the order dated 02.02.2023 passed by a Co-ordinate Bench of this Court in D.B.

Spl. Writ No.847/2022 (Suman & Ors. Vs. State & Ors.).

Brief facts of the case are that the respondent Nos.4 to 18 filed a writ petition being SBCWP No.13992/2022 before the learned Single Bench of this Court challenging the final answer key issued by the respondent State for Direct Recruitment of Livestock Assistant -2022. The challenge to the said final answer key was to the extent of answers of question Nos.6 and 38. The learned Single Bench, after hearing the respondent Nos.4 to 18 as well as the respondent-State, has dismissed the writ petition vide order dated 28.09.2022.

The respondent Nos.4 to 18, being aggrieved with the order passed by the learned Single Bench, have preferred D.B. Spl. Appl. Writ No.847/2022 before the Division Bench of this Court and the Division Bench, after hearing the counsel for the parties, came to the conclusion that the decision of respondent Nos.1 to 3 of adopting option ‘A’ to the question No.38 in the final answer key of Direct Recruitment of Livestock Assistant-2022 is invalid. While observing this, the Division Bench of this Court has reversed the order dated 28.09.2022 passed by the learned Single Bench and issued a direction to the respondent Nos.1 to 3 to treat option ‘B’ as correct answer of question No.38 with a further direction that result of the above referred recruitment be revised by adopting the said answer and a fresh result/merit list be prepared.

The present applicants are the candidates who were declared successful in the Direct Recruitment of Livestock Assistant -2022 and provided appointment by the respondent Nos.1 to 3 during the pendency of the writ petition. The applicants have apprehension that, if the result/merit list is revised, there is all possibility that their merit can be altered and they may not find place in the select list.

It is argued by learned counsel for the applicants that though, the applicants were provided appointment during the pendency of the writ petition, however, they were not impleaded as party respondents in that writ petition as well as in the Special Appeal and, therefore, the order dated 02.02.2023 passed by the Division Bench of this Court in D.B. Spl. Appeal Writ No.847/2022 may be recalled or reviewed. Learned counsel for the applicants has admitted that till date, the respondent No.3 has not prepared a fresh result/merit list pursuant to the directions given by the Division Bench of this Court vide order dated 02.02.2023.

Having heard learned counsel for the applicants, we are of the considered view that the applicants may have the grievance that before reversing the order passed by the learned Single Bench, the Division Bench should have provided opportunity of hearing to them, but that cannot be a ground for recalling or reviewing the order dated 02.02.2023, particularly in a situation, when the fresh result/merit list has not been prepared till date by the respondent Nos.1 to 3 pursuant to the directions issued by the Division Bench of this Court vide order dated 02.02.2023. The action of the applicants of filing this application is, therefore, premature, because whether the applicants are affected or not can only be ascertained after preparation of the fresh result/merit list.

Otherwise also, the proper course for the applicants is to challenge the order dated 02.02.2023 by way of availing appropriate remedy available under the law.

In such circumstances, we are not inclined to entertain this application and the same is, therefore, dismissed.

However, the applicants are free to avail appropriate remedy available to them under the law before the appropriate forum against the order dated 02.02.2023 passed by the Co-ordinate Bench of this Court in D.B. Spl. Appl. Writ No.847/2022 (Suman &

Ors. Vs. State & Ors.).

(RAJENDRA PRAKASH SONI),J (VIJA

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