HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 13385/2021

Ishvar Singh Chauhan S/o Shri Joravar Singh Chouhan, Aged

About 40 Years, R/o Vpo Kutisour Nayapura, Tehsil Aaspur,

District Dungarpur, Rajasthan.

----Petitioner

Versus

1.

State Of Rajasthan, Through Its Secretary, Skill

Employment And Entrepreneurship Department, Technical

Education, Secretariat, Jaipur Rajasthan.

2.

Secretary, Department Of Higher Education And Technical

Education, Government Of Rajasthan, Secretariat, Jaipur.

3.

Director, Directorate Of Technical Education, Office At W-

6, Residency Road, Jodhpur, Rajasthan.

4.

Rajasthan Subordinate And Ministerial Service Selection

Board, Jaipur, Through Its Secretary, Office At - State

Institute Of Agriculture Management Premises,

Durgapura, Jaipur, Rajasthan.

5.

Commissioner, Office Of Tribal Area Development

Department, Udaipur, Rajasthan.

----Respondents

For Petitioner(s)

:

Dr. Nikhil Dungawat.

For Respondent(s)

:

Mr. G.R. Punia, Sr. Advocate with Mr.

Jai Naveen.

Mr. Brijesh Purohit, Dy.G.C.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

14/11/2022

This writ petition has been filed by the petitioner seeking a

direction to the respondents to increase / revised the seats as per

Notifications dated 19.05.2018, 01.06.2018 & 05.06.2018

(Annex.8) in pursuance of the advertisement dated 25.04.2018

(Annex.1) for the post of Junior Instructor Trade (Mechanic

(2 of 5)

[CW-13385/2021]

Refrigeration & Air Conditioner) for TSP area and grant

appointment to the petitioner with all consequential benefits.

It is, inter-alia, indicated in the writ petition that an

advertisement dated 25.04.2018 (Annex.1) for the post of Junior

Instructor came to be issued by the respondent-Selection Board,

wherein two posts were advertised in the trade of (Mechanic

Refrigeration & Air Conditioner).

The advertisement was amended by issuance of amended

notification dated 25.10.2019 (Annex.2) on account of extending

reservation to MBC & EWS, whereby number of posts were altered

in the Non-TSP areas.

The petitioner applied for the post of Mechanic Refrigeration

& Air Conditioner as Junior Instructor. He appeared in the written

examination and obtained 44.6286 marks. The result was declared

on 30.04.2020, where the roll number of the petitioner was

reflected in the list of successful three candidates. The result was

amended on 07.07.2020 (Annex.6), wherein also, the roll number

of the petitioner was reflected in the list of successful candidates.

The candidates were called for document verification by

communication dated 08.07.2020, wherein also, the petitioner

was called, however, in the list of selected candidates as only two

posts in the petitioner’s trade were available, the petitioner could

not come within the two candidates and was at No.3.

Submissions have been made that the State Government

amended the Scheduled Areas (Rajasthan State) Order, 2018 by

notification dated 19.05.2018, whereby the scheduled area was

redefined and extended.

Submissions have been made that as the scheduled area was

redefined and extended, in terms of the notification dated

(3 of 5)

[CW-13385/2021]

04.07.2016 (Annex.9), based on the formula indicated therein the

posts for the scheduled area in terms of the advertisement should

have been increased and as the respondents have failed to

increase the posts, the petitioner, who was at No.3 in the merit list

has been deprived of the appointment and therefore, the

respondents be directed to accord appointment to the petitioner

by increasing the posts in the trade of the petitioner.

A reply to the petition has been filed by the State

Government, inter-alia, indicating that the selection process

pursuant to the advertisement dated 25.04.2018 and corrigendum

advertisement dated 25.10.2019 has been completed with the

declaration