Rajasthan High Court - Jodhpur
Nagendra Singh Daroga vs State Of Rajasthan on 22 July, 2021
Bench: Dinesh Mehta
(1 of 3) [CW-9137/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9137/2021
Nagendra Singh Daroga S/o Parwat Singh Daroga, Aged About
28 Years, Resident Of Vpo Jhosava, Tehsil Galiyakot, District
Dungarpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Chairman, Rajasthan
Subordinate And Ministerial Staff Selection Board, Jaipur.
2. Rajasthan Skill And Livelihoods Development Corporation,
J-B-A, Emi Campus, Jhalana Institutional Area, Jhalana
Doongari, Jaipur Through Chairman.
----Respondents
For Petitioner(s) : Mr. Chyan Bothra
For Respondent(s) :
JUSTICE DINESH MEHTA
Judgment
22/07/2021
(1) By way of the present writ petition, the petitioner has
challenged the communication dated 23.2.2021, whereby he has
been informed about rejection of his candidature citing that the
petitioner has produced a license to drive heavy vehicle dated
14.7.2020, whereas, the date of examination was 23.12.2019.
(2) The facts appertain are that Rajasthan Subordinate &
Ministerial Staff Selection Board issued an advertisement dated
16.9.2016 for filling up posts of Junior Instructor, which was
revised on 25.4.2018.
(3) The petitioner had submitted his application form for such
post on 15.10.2016.
(2 of 3) [CW-9137/2021]
(4) The advertisement dated 25.4.2018 aforesaid contained a
condition of having driving license for heavy motor vehicles,
though in the first advertisement dated 16.9.2016 there was no
such condition.
(5) The petitioner cleared written examination and was found
meritorious, whereafter he was called for document verification.
His name however did not find mention in the final select list.
(6) The petitioner, therefore, sought information under Right to
Information Act in this regard and was intimated vide
communication dated 23.2.2021 as under:
"vH;FkhZ Jh ukxsUnz flag dks foKfIruqlkj HkrhZ esa gSoh Oghdy Mz~kbZfoax ykbZlsal
dh vfuok;Zrk FkhA mDrkuqlkj vH;FkhZ }kjk gSoh Oghdy Mz~kbZfoax ykbZlsal
fnukad 14-07-2020 dk izLrqr fd;k x;k Fkk] tks fd ijh{kk dh fnukad 23-12-
2019 ds i'pkr~ dk gksus ds dkj.k vH;FkhZ dks nLrkost lR;kiu ny }kjk
vik= fd;k x;k FkkA"
(7) Mr. Bothra, learned counsel appearing for the petitioner
argued that the petitioner appeared before the respondents and
showed his license but his candidature has been wrongly rejected.
He invited Court's attention towards Annex.7 (photostat copy of
driving license) and pointed out that petitioner's license was
issued on 31.1.2017, but however produced the same before the
respondents on 14.7.2020 instead of 10.7.2020, the date of
document verification.
(8) Learned counsel argued that since petitioner's license was
issued on 31.1.2017, the mere fact that he has produced the
license on 14.7.2020, cannot be a reason to reject his
candidature. He submitted that though petitioner could not
produce it on 10.7.2020,but the fact remains that he has requisite
license.
(3 of 3) [CW-9137/2021]
(9) Having perused the record, this Court finds that the
endorsement regarding driving heavy motor vehicle has been
made on petitioner's license on 14.7.2020, which clearly suggests
that petitioner has been issued license to drive heavy motor
vehicle on 14.7.2020, which is admittedly after the date of
document verification.
(10) That apart, the revised advertisement was issued on
25.4.2018 and even before that a corrigendum dated 21.10.2016
(Annex.3) was issued in which requirement of having a license to
drive heavy motor vehicle was inserted for the post in question.
(11) A candidate's eligibility has to be reckoned on the date of
advertisement or on the last date of submitting application form.
Even on the date of written examination, viz., 23.12.2019, the
petitioner did not possess a valid license to drive heavy motor
vehicle.
(12) This Court does not find any merit and substance in
petitioner's contention.
(13) The writ petition, therefore, fails.
(14) The stay application stands disposed of accordingly.
(DINESH MEHTA),J
90-CPGoyal/-
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