HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 13521/2020

Shivdutt Singh Jadon S/o Dr. S S Jadon, Aged About 33 Years,

B/c Rajput, R/o Jadon Krishi Farm, Iti Road, Santpur, Aburoad,

District Sirohi (Raj.)

----Petitioner

Versus

1.

Raj. Subordinate And Ministerial Services Selection Board,

Jaipur Through Its Chairman, Rsmssb Jaipur, Durgapura,

Jaipur (Raj.)

2.

Secretary Rajasthan Subordinate And Ministerial Services

Selection Board, Durgapura, Jaipur (Raj.)

3.

Director, Skill, Planning And Enterpreneurship, (Technical

Education Training), Department, Jodhpur (Raj.)

----Respondents

For Petitioner(s)

:

Mr. Paramveer Singh

For Respondent(s)

:

Mr. Manvendra Singh

JUSTICE DINESH MEHTA

Judgment

13/07/2021

1.

The petitioner applied for the post of Junior Instructor

(Electronic Mechanic), pursuant to the advertisement dated

16.09.2016.

2.

Indisputably, the petitioner falls in the merit of TSP as well

as Non-TSP area.

3.

At the time of document verification, the respondent –

Selection Board had required the candidates to fill in option form

as to whether they wanted their appointment in TSP area or

Non-TSP area.

(2 of 3)

[CW-13521/2020]

4.

According to the petitioner, though he had furnished an

option form seeking his posting in Non-TSP area, yet, the

Selection Board has provided him appointment in TSP area.

5.

Mr. Param Veer Singh, learned counsel for the petitioner,

submitted that since the option forms were got filled on spot, the

petitioner could not keep a copy of the option form, but the fact

remains that he had opted for Non-TSP area, thus, respondents’

action in giving him appointment in TSP area is illegal and

arbitrary.

6.

Mr. Manvendra Singh, learned counsel for the respondents,

argued that the petitioner has made wrong assertion that he has

submitted his option form for Non-TSP area. The respondents also

have not placed on record copy of the option form, submitted by

the petitioner.

7.

Having regard to the facts and circumstances of the case,

particularly because, the Selection Board has not produced any

document evincing that petitioner had submitted his option form

for TSP area, this Court is inclined to accept the assertion made by

the petitioner that he had furnished option form for appointment

in the Non-TSP area.

8.

Regardless of the above, the petitioner falls in merit of TSP

area so also in Non-TSP area. Hence, it cannot be believed that

the petitioner, who had submitted his option form for TSP area,

would change his mind within a span of 2-3 months and now fight

for appointment/posting Non-TSP area.

9.

By way of interim order dated 11.02.2021, this Court had

directed the respondents to keep one post of Junior Instructor

(Electronic Mechanic) to be vacant.

(3 of 3)

[CW-13521/2020]

10.

Petitioner’s appointment in Non-TSP area is thus, not likely

to affect any third party rights.

11.

Hence, the writ petition is allowed; the respondents are

directed to give appointment to the petitioner on the post of Junior

Instructor (Electronic Mechanic) in Non-TSP area.

12.

Needful be done by the respondent – Board within a period

of four weeks from today, whereafter requisite appointment order

be issued and joining be allowed by respondent No.3 forthwith.

13.

Stay application also stands disposed of.

(DINESH MEHTA),J

255-A.Arora/-