HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

D.B. Special Appeal Writ No. 474 / 2017

Neha Bai

----Appellant

Versus

Secretary (R P S C) Anr

----Respondent

_____________________________________________________

For Appellant(s) : Mr. Himanshu Jain

_____________________________________________________

HON'BLE MR. JUSTICE K.S. JHAVERI

HON'BLE MR. JUSTICE VIJAY KUMAR VYAS

Order

01/05/2017

1.

By way of this appeal, the appellant has assailed the

judgment and order of the learned Single Judge whereby the

learned Single Judge has dismissed the petition preferred by the

appellant.

2.

Counsel for the appellant contended that the advertisement

came to be issued pursuant to which she filled in the online form

which reads as under:-

“9. Self-attested document(s) may be asked by

commission as and when required along with signed this

application form.

Certificates

Tick Appropriate

1.

Age Proof

2.

Qualification proofs

3.

It applicant in Final year of any qualification Exam.

Attached Admission receipt/fee-receipt copy.

4.

Caste Certificate if applicable

5.

TSP/Saharia Tribe Area Certificate, if applicable

6.

Physically

Handicap

Certificate(Blind/Low

vision/Visually Handicapped/Hearing impairment/Loco-

(2 of 6)

[SAW-474/2017]

motive/C.P.Disorder etc.) if applicable

7.

Widow/Divorcee concerned certificate if applicable

8.

Ex-Serviceman certificate if applicable

9.

Departmental candidate certificate if applicable

10.

Ministerial

Employee/Non-Gazetted

Employee

certificates if applicable

11.

Govt. service/Panchaytee Raj/Public Sector

Employees certificate if applicable.

12.

Outstanding Sportsman certificate(s) if applicable

13

NCC Cadet certificate(s) if applicable

14.

Other Specification/Qualification certificate(s) if

applicable

15.

Experience as per advertisement if applicable

16.

Internship certificate(s) if applicable.”

3.

Even subsequently, when the clarification was issued on 16^th

April, 2015 relevant part of which reads as under:-

“

dqy in

3497

1181

338

134

32 384

111 43 10

371

107 42

10 491 140 56

14

24

7

02

0

n.Mor vkj{k.k%& ea=kyf;d deZpkjh 437 in] mRd`"V f[kykM+h 69 in] fo’ks"k ;ksX;tu ¼dqy 105 in½& (LD/CP-OA,OL, BL & HH)

LkekU;

144 in

67 20

7

1

17

5

1

0

7

3

0

0

12

3

1

0

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0

0

0

Vh,lih

{ks= 12

in

5

2

0

0

0

0

0

0

4

1

0

0

0

0

0

0

0

0

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0

dqy in

156

72 22

7

1

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5

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0

11

4

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n.Mor vkj{k.k %& fo’ks"k ;ksX;tu ¼dqy 3 in½ & (LD/CP-1, B/LV-1)

ftu vkosndksa us iwoZ esa vkosnu fd;k gqvk gS mUgsa iqu% vkosnu djus dh vko’;drk ugha gSA fdUrq ,sls

vH;fFkZ;ksa dks funsf’kZr fd;k tkrk gSA fd Vh-,l-ih- {ks= ds vUrxZr vkus okys v-tk@v-t-tk- oxZ ds

iq:"k ,oa efgyk vH;FkhZ tks Vh-,l-ih- +{ks= ds gSa os vk;ksx dh osc&lkbZV

rpsconline.rajasthan.gov.in ij miyC/k fyad dk p;u dj miyC/k izi= esa vkWuykbZu

lwpuk fnukad 21-11-2014 rd gh nh tk ldrh gSA mDr fnukad ds i’pkr fdlh Hkh izdkj ds i=kpkj

ij fopkj ugha fd;k tk,xkA Vh-,l-ih- {ks= gsrq fu;ekuqlkj vkjf{kr inksa ds 5 izfr’kr in Vh-,l-ih-

(3 of 6)

[SAW-474/2017]

¼,l-lh-½ 45 izfr’kr in Vh-,l-ih- ¼,l-Vh½ ,oa 'ks"k 50 izfr’kr in vukjf{kr oxZ gsrq j[ks tkus dk

izko/kku gSA

4.

In that view of the matter, she has filled in the form and she

further contended that in view of this, the learned Single Judge

has seriously committed an error in dismissing the petition.

5.

We have heard counsel for the appellant.

6.

It is true that she has filled the form but in view of the

affidavit and reply and the contention which has been raised

before the learned Single Judge which has been considered by the

learned Single Judge in detail and it has been held as under:-

“I have heard counsel for the parteis and with their

assistance perused the material on record.

The facts are not in dispute that all the petitioners

filled their on-line application either initially pursuant

to the advertisement dt. 18.09.2013 or after the

corrigendum came to be notified at a later point of

time affording facility to the candidates to ed