(1 of 4)

[CW-13534/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 13534/2020

Balu Ram Meghwal S/o Shanker Lal Meghwal, Aged About 34

Years, R/o Meghwalo Ka Mohalla, Pani Ki Tanki Ke Pass,

Bhuwana, Udaipur, Rajasthan.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Principal Secretary,

Technical Education Department, Government Secretariat,

Jaipur.

2.

The Board Of Technical Education, Jodhpur, Rajasthan

Through Its Director

3.

Rajasthan Public Service Commission, Through Its

Secretary, Ajmer.

----Respondents

For Petitioner(s)

:

Mr. Hansraj Nimbar for

Mr. RP Saini

For Respondent(s)

:

Mr. Khet Singh Rajpurohit

JUSTICE DINESH MEHTA

Order

01/04/2021

1.

By way of the present writ petition, petitioner has prayed

that the respondents be directed to consider his candidature

against the posts advertised vide recruitment notification meant

for Non-TSP area.

2.

The facts relevant for the present purposes are that on

03.04.2018, the respondents issued two separate recruitment

notifications for filling up the post of Group Instructor/Surveyor.

Advertisement No.3/2018-19 was issued for Non-TSP area

whereas advertisement No.4/2018-19 was meant for TSP area.

(2 of 4)

[CW-13534/2020]

3.

On 26.05.2018, the petitioner, a resident of Tehsil Bhuwana,

Udaipur filled in the application form pursuant to notification

No.4/2018-19 issued for TSP area, claiming himself to be a

resident of TSP area.

4.

The petitioner appeared in the written examination, which

were held on 07.11.2019.

5.

When he later realised that he had wrongly applied under

advertisement meant for TSP area, he proceeded to file a

representation (Annex.5) and requested the respondents to

consider his candidature for Non-TSP area, inter alia, citing that

due to inadvertence/fault of E-Mitra, he had applied under wrong

advertisement.

6.

Mr. Nimbar, learned counsel produced before the Court, a

copy of communication dated 09.01.2020, issued by Rajasthan

Public Service Commission, Ajmer, whereby petitioner’s request

for such change has been turned down.

7.

A photocopy of the order dated 09.11.2020 produced by

learned counsel for the petitioner is taken on record.

8.

Challenging the action of respondents, learned counsel

argued that the error of submitting application form qua

recruitment notification No.4/2018-19 meant for TSP area was

attributable to person manning E-Mitra and was absolutely

bonafide.

9.

He argued that such human error ought to have been

ignored by the respondents and his candidature should have been

considered for recruitment notification No.3/2018-19 meant for

Non-TSP area.

10.

In support of his argument aforesaid, learned counsel relied

upon Division Bench judgment rendered in case of Kavita

(3 of 4)

[CW-13534/2020]

Choudhary Vs. The Registrar (Examination), Rajasthan High

Court, Jodhpur in DB Civil Special Appeal (Writ) No.1700/2017.

11.

Mr. Khet Singh, learned counsel for the Commission

vehemently opposed the contention and prayer of the petitioner

and submitted that petitioner’s application, at such a belated

stage (i.e. after holding of examination) could not have been

entertained by the respondents and thus, action of the

respondent-Commission is just and proper.

12.

He argued that before holding of the examination, the

commission had given ample opportunity to the candidates to

apply for correction (if any) in the application form.

13.

He emphasised that the petitioner having failed to avail such

opportunity had appeared in the written examination regardless of

the fact that the admit card which was issued to the petitioner

clearly showed his category as TSP-SC.

14.

Learned counsel for the Commission relied upon judgment

dated 16.02.2021 passed by this Court in case of Pooja Rajpurohit

Vs. RPSC,