Rajasthan High Court
Aditi Dadhich D/O Shri Ashok Kumar ... vs The State Of Rajasthan on 19 January, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 347/2021
Aditi Dadhich D/o Shri Ashok Kumar Joshi, Aged About 22 Years,
Resident Of Dadhich Sadan, Azad Nagar, Madanganj,
Kishangarh, District Ajmer
----Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary,
Department Of Sanskrit Education, Government Of
Rajasthan, Secretariat, Jaipur
2. The Director, Department Of Sanskrit Education,
Government Of Rajasthan, 2Nd Floor, Block-6, Shiksha
Sankul, J.l.n. Marg, Jaipur (Raj.)
3. Rajasthan Public Service Commission, Through Its
Secretary, Government Of Rajasthan, Ajmer
----Respondents
For Petitioner(s) : Mr. Sandeep Saxena
For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment
19/01/2021
1. Admittedly, the petitioner was in the Final Year of the
qualifying examination namely, Acharya (M.A.) at the time of
submission of application for the post of School Lecturer under the
advertisement dated 29.03.2018 read with corrigendum dated
6.1.2020. The test for selection for the post of School Lecturer
was conducted on 4th August, 2020 but till the date of conducting
of the selection test, the result of Acharya Examination was not
declared and the same has been declared in December, 2020 and
the petitioner has passed the same with First Division.
2. Learned counsel for the petitioner submits that the delay in
declaration of result and conducting of final year examination of
(2 of 2) [CW-347/2021]
Acharya was on account of COVID-19 Pandemic and in such
exceptional circumstances, the condition laid down in the
advertisement for candidates who are appearing in final year
examination to give a proof of having cleared the examination
before the selection test for the post of School Lecturer ought to
be relaxed.
3. I have considered the submissions.
4. The condition laid down in the advertisement is in
accordance with the omnibus rule introduced in State Subordinate
Service Rules by the State of Rajasthan in the year, 1999 and this
Court finds that there is no provision for relaxation under the rules
of such a condition. In view thereof, while it may be true that
results of the qualifying examinations may have been delayed on
account of Pandemic, no relief can be granted to the petitioner as
third party rights would be created if the petitioner alone is
granted such relaxation. The domain for granting relaxation is
exclusively with the executive and not with the judiciary. In view
thereof, no relief can be granted to the petitioner being ineligible
as per the advertisement.
5. Accordingly, the writ petition is dismissed. The dismissal of
the writ petition would, however, not preclude the petitioner from
taking up the matter with the Government for the said purpose.
6. All pending applications also stand disposed of.
(SANJEEV PRAKASH SHARMA),J
SAURABH YADAV 670/83
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