Rajasthan High Court
Bala Ram Gurjar S/O Khamba Ram ... vs The State Of Rajasthan on 26 August, 2021
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8559/2021
Bala Ram Gurjar S/o Khamba Ram Gurjar, Aged About 38 Years,
R/o Vpo Alanpura, Tehsil Bansur, District Alwar, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Principal Education
Secretary, Government Secretariat, Jaipur, Rajasthan.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. Rajasthan Public Service Commission, Through Its
Secretary, Ajmer.
----Respondents
For Petitioner(s) : Mr. Ram Pratap Saini
For Respondent(s) : Mr. M.F. Baig
Mr. S. Zakawat Ali, AGC
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
26/08/2021
Counsel for the petitioner submits that the issue involved in
this writ petition has been considered by the Co-ordinate Bench of
this Court at Principal Seat, Jodhpur in the matter of Rakesh
Kumar Swami & Ors. Vs. The Rajasthan Public Service
Commission & Ors. where-in on 05.07.2021 following order was
passed;
"(1) The present application had been initially filed
by the three applicants seeking their impleadment
in the present writ petition as respondents.
(2) Dr. Nupur Bhati, learned counsel appearing for
the applicants at the outset submits that the
applicants nos.1 and 2 have already been selected
and thus, she does not press the application on
behalf of the said applicants.
(3) In view of the above, the application filed by
the applicants nos.1 and 2 is dismissed as not
pressed. The application is being considered for
applicant No.3 Dalip Kumar Dhilan.
(4) Dr. Bhati, learned counsel, contends that if the
petition is allowed in terms of the circular dated
21.05.2019 (Annex.2), the rights of the applicant
No.3 will be adversely affected. According to her
(2 of 3) [CW-8559/2021]
the circular (Annex.2) issued by the State
Government is not in conformity with the
notification dated 17.4.2018, by which Rule 6B has
been inserted in Rajasthan Civil Services
(Absorption of Ex-servicemen) Rules, 1988
(hereinafter referred to as 'the Rules' or 'the Rules
of 1988')
(5) In considered opinion of this Court, once the
State Government has issued a circular and has
given its own interpretation of the notification, the
applicant cannot come in way of the petitioners
who claim relief flowing from the circular issued by
the State Government.
(6) The application is therefore, rejected.
(7) Needless to observe that if the applicant wishes
to challenge the circular on the grounds available to
him, the disposal of the present application shall
not come in his way.
SBCWP No.7393/2020:
(8) Mr. Mathur, learned counsel appearing for the
petitioners invited Court's attention towards the
amendment brought in the Rules of 1988 vide
notification dated 17.4.2018 and submitted that by
way of Rule 6B, ex-servicemen, who have moved
application for retirement have been permitted to
take part in the recruitment process.
(9) While maintaining that the petitioners, having
resigned before submitting application forms are
not only eligible for consideration, but also entitled
to be offered appointment, learned counsel
submitted that in light of circular dated 21.5.2019
(Annex.2) issued by the Personnel Department of
the State Government, there remains no doubt
about petitioners' eligibility. He argued that
petitioners' case is squarely covered by the circular
and thus, a direction be issued to the respondent -
RPSC to consider their candidature in terms of the
notification dated 17.4.2018 and circular dated
21.5.2019.
(10) Mr. Mathur, learned counsel for the petitioners
submitted that an additional affidavit has been filed
by the petitioners, placing on record copies of the
letters dated 5.8.2020 and 12.4.20212 issued by
the State Government.
(11) He submitted that though petitioners'
candidature has been considered by the
respondent-RPSC in view of the interim order
passed by this Court on 19.8.2020, however, for no
reason (perhaps on account of pendency of the
present writ petition) respondent - RPSC has not
recommended their name.
(12) Mr. Joshi, learned counsel appearing for the
respondentRPSC argued that though the State
Government has issued circular (Annex.2) dated
21.5.2019, yet doubt(s) regarding eligibility of the
candidates is not yet clear.
(13) In the opinion of this Court, once the State
Government itself has issued a clarificatory circular
(3 of 3) [CW-8559/2021]
dated 21.5.2019 and clarified its stand about the
notification dated 17.4.2018, the respondentRPSC-
a recruiting agency is bound by the same. It cannot
take a contrary view. (14) The respondent-RPSC is,
therefore, directed to consider petitioners' case in
the light of notification dated 17.4.2018 and
circular dated 21.5.2019 and recommend names of
those petitioners, who according to these
notification/circular are eligible and of course
meritorious and otherwise eligible.
(15) If respondent-RPSC is of the view that any of
the petitioners is not eligible in the light of the
notification dated 17.4.2018 and circular dated
21.5.2019, it shall pass a speaking order under the
intimation to the concerned petitioner, against
which, such petitioner's right to take legal remedies
shall stand reserved.
(16) Needfull be done within a period of four weeks
from today.
(17) The writ petition as well as all pending
interlocutory applications are disposed of
accordingly".
Counsel further submits that the writ petition may also be
disposed of in view of the judgment passed by the Co-ordinate
Bench of this Court at Principal Seat, Jodhpur in the matter of
Rakesh Kumar Swami & Ors. Vs. The Rajasthan Public
Service Commission & Ors.
Counsel for the respondent(s) opposed the writ petition.
In that view of the matter, I dispose of this writ petition with
a direction to the respondent(s) RPSC to consider the case of the
petitioner in the light of the notification dated 17.04.2018, circular
dated 21.05.2019 and pass speaking order under the intimation to
the petitioner against which the petitioner can take legal remedy
available to him under the law.
All pending applications stand disposed of.
(INDERJEET SINGH),J
CHARU SONI /118
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