Rajasthan High Court - Jodhpur
Rakesh Kumar Swami vs The Rajasthan Public Service ... on 5 July, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7393/2020
1. Rakesh Kumar Swami S/o Shri Mahabeer Prasad, Aged
About 36 Years, R/o Plot No. 12, Khasra No. 148, Digadi
Police Chowki, Saaran Nagar, Jodhpur.
2. Rajendra Kumar S/o Shri Bhanwar Lal, Aged About 37
Years, R/o Village Post Kalam, Tehsil Sojat District Pali.
3. Balbir Singh S/o Late Shri Harfool Singh, Aged About 36
Years, R/o Delepura, District Jhunjhunu.
4. Jagmohan S/o Shri Ramuram, Aged About 36 Years, R/o
Daika, Tehsil Jodhpur, District Jodhpur.
5. Sukhvinder Singh S/o Shri Dayanand, Aged About 37
Years, R/o Udamandi, District Jhunjhunu.
6. Satyanarayan S/o Shri Prabhat Ram, Aged About 45
Years, R/o Iii, Shyam Nagar Extension, Nadi Ka Phatak,
Benad Road, Jhotwara, Jaipur.
7. Mahendra Singh Khatana S/o Shri Laxminarayan, Aged
About 46 Years, R/o Village Post Badagaon, Tehsil Nadoti,
District Karauli.
8. Anil Kumar S/o Shri Onkar Mal, Aged About 36 Years, R/o
Hansalsar Via Bagaon, Tehsil Udaipurwati, District
Jhunjhunu.
9. Rishpal S/o Shri Hajari Ram, Aged About 35 Years, R/o
149/1 Bishnoika Mohalla, Tehsil Nagaur, City Alai, District
Nagaur.
----Petitioners
Versus
1. The Rajasthan Public Service Commission, Through Its
Secretary, Ajmer.
2. The Secretary, Rajasthan Public Service Commission,
Ajmer.
3. The Director, Secondary Education, Government Of
Rajasthan, Bikaner.
----Respondents
(2 of 5) [CW-7393/2020]
For Petitioner(s) : Mr. Kuldeep Mathur
For Respondent(s) : Mr. Tarun Joshi
Mr. Hemant Choudhary
For Applicant(s) : Dr. Nupur Bhati
JUSTICE DINESH MEHTA
Judgment
05/07/2021
IA No.1/2021:
(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 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').
(3 of 5) [CW-7393/2020]
(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
(4 of 5) [CW-7393/2020]
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 respondent-
RPSC 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 dated 21.5.2019 and clarified its
stand about the notification dated 17.4.2018, the respondent-
RPSC- 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.
(5 of 5) [CW-7393/2020]
(17) The writ petition as well as all pending interlocutory
applications are disposed of accordingly.
(DINESH MEHTA),J
98-CPGoyal/-
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