Rajasthan High Court - Jodhpur
Shivdutt Singh Jadon vs Raj. Subordinate And Ministerial ... on 13 July, 2021
Bench: Dinesh Mehta
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/-
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