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Surendra S/O Harnam Singh vs State Of Rajasthan
2021 Latest Caselaw 2955 Raj/2

Citation : 2021 Latest Caselaw 2955 Raj/2
Judgement Date : 15 July, 2021

Rajasthan High Court
Surendra S/O Harnam Singh vs State Of Rajasthan on 15 July, 2021
Bench: Inderjeet Singh

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 10716/2020

1. Surendra S/o Harnam Singh, Aged About 25 Years, R/o Ward No. 02, Vpo. Dulmana, Teh. Pilibangan, Distt. Hanumangarh, Rajasthan, Pin-335803 Category. Obc, Roll No.806250,

2. Chitresh Soni S/o Kanhaiya Lal Soni, Aged About 32 Years, R/o Parkhon Ki Gali Gopalganj, Pratapgarh, Rajasthan Pin-335803. Category Bc, Tsp-Ur,roll No.82645,

3. Vijayata Joshi, D/o Premshankar Joshi, Aged About 26 Years, R/o Indoda, Tehsil Aspur Indaura, Dungarpur, Rajasthan Pin 314034. Category Ge, Tsp-Ur, Roll No. 825060,

4. Sushama Choudhary D/o Balbeer Singh, Aged About 27 Years, R/o 128/129, Ram Nagar Near Hotel Raj Villas, Goner Road Jaipur, Rajasthan, Pin 302031 Category Bc, Roll No.808158,

5. Yogesh Kumar Sharma S/o Mani Ram Sharma, Aged About 32 Years, R/o 49, Vijay Nagar Colony Near Saras Hotel, Bharatpur , Rajasthan, 321001. Category Ge, Roll No. 809014,

6. Satyendra Pal Singh S/o Mohan Lal, Aged About 31 Years, R/o Jatiya-Devkahera, Alwar, Rajasthan, Pin 30100. Category Sc, Roll No. 810495,

7. Naveen Mann S/o Ramkumar Mann, Aged About 28 Years, R/o 473, Pehlad Pur Bangar North West Delhi, Pin- 110042. Category Ge, Roll No.824223,

8. Nisha Yadav D/o Mange Ram, Aged About 29 Years, R/o Village Ghaseda, Jhunjhunu, Rajasthan, Pin 333034. Category Bc, Roll No.810155,

9. Amit Kumar Sharma S/o Vinod Kumar Sharma, Aged About 25 Years, R/o Bohra Ka Mohalla Lisariya, Sikar, Rajasthan, Pin 332712. Category Ge, Roll No. 811800,

10. Bhanwar Satyabhan Singh S/o Surendra Singh, Aged About 32 Years, R/o House No. 30 Village Kashipura, Manoharpura, Karauli , Rajasthan, Pin 322255. Category Ge, Roll No. 817822.

11. Radheshyam Meena S/o Satynarayan Meena-Choru, Aged

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About 32 Years, R/o Tonk, Rajasthan Pin- 304023. Category St, Roll No. 814233.

12. Vijay Kumar Sharma S/o Babulal Sharma, Aged About 38 Years, Brahman Mohalla Neemki, Sikar, Rajasthan Pin- 332708. Category Ge, Ng, Rg, Roll No. 821065

13. Kana Ram S/o Pema Ram, Aged About 44 Years, Jato Ka Bass, Kala Papal Ki Dhani, Pali, Rajasthan, 306401. Category Bc, Ex, Rg. Roll No. 821376.

14. Sunny Deol Mahawar S/o Puran Chand Mahawar, Aged About 31 Years, Vpo. Bhateri Teh. - Bassi, Bhateri, Jaipur Rajasthan, 303004. Category Sc, Rg, Roll No. 810291.

15. Chander Singh S/o Sugan Singh, Aged About 38 Years, Badabara, Didwana, Nagaur, Rajasthan, Pin 341303. Category Ge , Roll No. 826019.

16. Rakesh Machra S/o Dhokal Ram Machra, Aged About 37 Years, 11 Roop Nagar, Near Rto , Paota C Road Jodhpur, Rajasthan, 342001. Category Bc, Rg, Roll No.820358/

17. Abhishek Tak S/o Ramniwas Tak, Aged About 33 Years, 78 Behind Rto Office Gulab Nagar-C, Jodhpur, Rajasthan Pin- 342001. Category Bc, Roll No. 820494.

18. Pammi Choudhary W/o Shyamsunder Choudhary, Aged About 37 Years, Jamna Bai Ki Pyau Saran Nagar B Road Ward No. 57 Jodhpur, Rajasthan, Pin-342001. Category Bc, Ng, Roll No. 821342.

19. Sunder D/o Sagati Dan, Aged About 27 Years, Charano Ka Vas Sumaliyai, Jaisalmer, Rajasthan- 345027. Category Bc, Roll No. 821287.

20. Jitendra Kumar Suthar S/o Ratan Lal Suthar, Aged About 41 Years, 16-B Sanwariya Colony, Nimbahera, Chittorgarh, Rajasthan, Pin 312601. Category Bc, Rg, Roll No. 825909.

21. Lalit Kumar S/o Mangi Lal, Aged About 42 Years, 141, Navalkeshwer Mahadev Colony, Ward No. 5 Bhinmal Khari Road Satnibadi Bhinmal, Jalor, Rajasthan 343029. Category Bc, Ng, Rg, Roll No. 825575.

22. Prabhu Ram S/o Uda Ram, Aged About 36 Years, Sector No 5, C/o Lic Of India Nohar , Hanumangarh, Rajasthan Pin 335523. Category Bc, Roll No.805977.

23. Suresh Kumari D/o Dilip Kumar, Aged About 32 Years, Gothra, Alwar, Rajasthan, Pin 301405. Category Bc, Roll

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No. 811522.

24. Menka Chaudhari W/o Prem Prakash, Aged About 29 Years, Mirda Farm House, Chak 36 Llw, Hanumangarh 335802. Category Bc,rg, Roll No. 812603.

25. Bhagat Singh S/o Shaitan Ram, Aged About 28 Years, Bajar Road Gundi Bass Kuchera, Nagaur, Rajasthan 341024. Category Bc, Roll No. 800189.

26. Shimla Meena D/o Ramswaroop Meena, Aged About 28 Years, 19, Near Shivaji School Deendayal Colony Ward No. 22 Niwai, Tonk , Rajasthan, 304021. Category St, Roll No. 817297.

27. Pawan Raj Meena S/o Ramji Lal Meena, Aged About 28 Years, Dhyawana Ki Dhani Amer Chak No. 1, Nangal Sosawatan, Jaipur, Rajasthan- 302028. Category St, Roll No.817328.

28. Ankit Hadat S/o Dhaneshwar Hadat, Aged About 25 Years, Mukam Kher Wada(Challa) Post Kherwada Chela, Dungarpur, Rajasthan, Pin- 314001. Category St, Tsp-St, Roll No.826454.

29. Taruna D/o Kishore Kumar, Aged About 30 Years, 2/859, Kudi, Bhagtasani Housing Board Jodhpur, Rajasthan, Pin- 342005. Category Sc, Roll No.820534.

30. Abhishek Shah S/o Pawan Kumar Shah, Aged About 28 Years, 54, 2Nd Floor Jagdamba Colony Sikar Road Dehar Ke Balaji Jaipur, Rajasthan, Pin-302039. Category Ge, Roll No. 809212.

31. Kumar Praveen Khyalia S/o Vidhyadhar, Aged About 30 Years, Ward No. 41 Nawalgarh Road Ramawat Nagar Kissan Colony, Ramawat Dharma Kanta Sikar, Rajasthan, Pin -332001. Category Bc, Roll No. 825775.

32. Alpana Kumari D/o Dharam Pal, Aged About 27 Years, Dhandharia, Bajawa, Jhunjhunun, Rajasthan, Pin - 333025. Category Bc, Roll No. 817117.

33. Dushyant Singh Chundawat S/o Hanumat Singh Chunda Wat, Aged About 31 Years, Village-Kaliyas, Bhilwara, Rajasthan, Pin-311024. Category Ge, Roll No. 809643.

34. Yadav Mahesh Kumar S/o Sitaram Yadav, Aged About 30 Years, G Ram Bagwas The-Phuleta Bagwas, Jaipur. Category Bc, Roll No. 801228.

35. Rashmi Choudhary D/o Subhash Singh, Aged About 28

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Years, Sepi Surmalikpur, Harsoli Renwal, Jaipur, Rajasthan, Pin 303603. Cateogry Bc, Roll No.812341.

36. Abhilash Meena S/o Jagannath Meena, Aged About 27 Years, 28, Kailash Puri Near Jagatpura Railway Station Jagatpura, Jaipur, Malviya Nagar, Rajasthan, Pin- 302017. Category St, Roll No. 809226.

37. Vishnu Kumar Garg S/o Om Prakash Garg, Aged About 25 Years, Main Bus Stand Bank Of Baroda Ke Piche Malarna Chaur, Swaimadhopur, Rajasthan, Pin- 322030. Category Ge, Roll No, 808842.

38. Nutan Kumar Vashishth S/o Rajesh Kumar, Aged About 28 Years, Vpo. Bas Kripalnagar, Teh. Kishangarh, Alwar, Rajasthan, Pin-301405. Category Ge, Roll No. 810635.

39. Prithvi Raj Singh Bichhu Singh, Aged About 29 Years, Daspan, Jalor, Rajasthan, Pin 343029. Category Ge, Roll No. 809554.

40. Dr. Deepa Ram Poona Ram, Aged About 40 Years, 33, Ladhejt Ki Dhaniyan Hapsar, Jodhpur, Rajasthan, Pin- 342025. Category Sc, Rg, Roll No. 825380.

41. Mansi Sharma D/o Vinod Kumar Sharma, Aged About 35 Years, D146,hasan Khan Mewati, Nagr, Block D, Alwar Rajasthan - 301001. Category Ge, Roll No. 808187.

42. Chakresh Jain S/o Satish Kumar Jain, Aged About 25 Years, Hanuman Mandir Ke Pass 15/275 Mohalla Siddhipura, Churi Market Alwar, Rajasthan, Pin- 301001. Category Ge, Roll No. 810133.

43. Deep Mala Sharma D/o Radhey Shyam Sharma, Aged About 40 Years, 6A, 28P And T Colony Ke Pass Bapu Nagar Bhilwara, Rajasthan, Pin- 311001. Category Ge, Dv, Roll No. 800823.

44. Ankita Chouhan D/o Dharm Veer Chouhan, Aged About 29 Years, 59, Rukmani Nagar Near Euro Kids School Delwara Road Beawar, Ajmer, Rajasthan Pin- 305901. Category Bc, Roll No. 800671.

45. Ritu Singh D/o Dheeraj Singh, Aged About 28 Years, Pushp Vatika Colony, Bharatpur, Rajasthan, Pin-321001. Category Bc, Roll No. 818145.

46. Sohan Lal Bishnoi S/o Goverdhan Ram Bishnoi, Aged About 31 Years, Sedwa, Barmer, Rajasthan, Pin- 344706. Category Bc, Rg, Roll No. 822871.

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47. Hari Kishan Bishnoi S/o Shobha Ram Bishnoi, Aged About 26 Years, Kanswa Nagar, Bheekam Kor, Jodhpur, Rajasthan, Pin-342303. Category Bc, Roll No. 823132.

48. Jitendra Singh S/o Richhpal Singh, Aged About 30 Years, Akhepura, Ladhana, Sikar, Rajasthan, Pin- 332402. Category Bc, Roll No. 814154.

49. Suman D/o Budh Ram, Aged About 29 Years, Vpo-

Bojhala, Teh.-Bhadra, Dist.-Hanumangarh, Rajasthan, Pin- 335502. Category Bc, Rg. Roll No. 807157.

50. Ramjeet S/o Roopa Ram Choudhary, Aged About 31 Years, Ramner Road Ekta Nagar Ward No. 2 Kishangarh Ajmer, Rajasthan, Pin- 305801. Category Bc, Ng, Roll No. 800026.

51. Himanshu Bhardwaj S/o Prmod Kumar Sharma, Aged About 25 Years, Ward No. 8 Khatoo, Sikar , Rajasthan, Pin- 332602. Category Ge, Roll No. 810961.

52. Siddharth Hissaria S/o Vinod Kumar Hissaria, Aged About 29 Years, Ward No. 14 Hissria Ka Mohalla Fatehpur Shekawati, Sikar, Rajasthn, Pin- 332301. Cateogry Ge, Roll No. 813646.

53. Yatendra Mishra S/o Harish Chandra Mishra, Aged About 37 Years, S-3155-A, Block-39 Rangolt Garden Panchyawala, Jaipur, Rajasthan, Pin- 302034. Category Ge, Roll No. 809015.

54. Dariyab Singh S/o Manohar Singh, Aged About 33 Years, E-594, Ranjeet Nagar Bharatpur, Rajasthan, Pin- 321001. Category Bc, Roll No. 803029.

55. Ganesh Prasad Sharma S/o Jagdish Prasad Sharma, Aged About 35 Years, Sec-2 Adrash Nagar, Bayana, Bharatpur, Rajasthan, Pin-321401. Cateogry Ge, Roll No. 811222

56. Parasa Ram Jat S/o Bagha Ram, Aged About 36 Years, Sujanpura, Nagaur, Rajasthan-341508. Category Bc, Ex, Roll No. 817125.

57. Prakash S/o Amar Singh, Aged About 26 Years, Jatav Basti, Uchchain, Bharatpur, Rajasthan, Pin 321302. Category Sc, Roll No. 803089.

58. Mamta Bairwa D/o Babulal Bairwa, Aged About 32 Years, Ward No. 32 Tirilok Nagar Gangapur City Distt. - Sawai Madhopur, Pin- 322201. Category Sc, Roll No.808802.

59. Hemraj S/o Heera Lal Yadav, Aged About 43 Years, Village

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Tulera, Tehsil Alwar, Rajasthan-301001. Category Bc, Ex, Roll No. 811056.

60. Dinesh Kumar S/o Dula Ram, Aged About 38 Years, Near Ramdevji Mandir Paota, Nagaur, Rajasthan-341303. Category Ge, Ex. Roll No. 802334.

61. Keerti Kumari W/o Kapil Dev, Aged About 32 Years, Mahua, Bharatpur, Rajasthan, Pin-321303. Category Bc, Rg. Roll No. 803297.

62. Shanker Lal S/o Hansa Ram Meghwal, Aged About 40 Years, Meghwal Vas, Undra, Sirohi, Rajasthan, Pin- 307022. Category Sc, Rg. Roll No. 826172.

63. Bhagya Shree Patel W/o Sanjay Dangi, Aged About 32 Years, 384, Hiran Magri Sector-6, Jhamar Kotra Road, Saweena(Rural) Udaipur H Magri Udaipur, Rajasthan, Pin- 313002. Category Ge, Roll No. 825629.

64. Vikram Saini S/o Birbal Saini, Aged About 28 Years, Dabla Road Purane Rto Office Ke Samne Kotputli, Jaipur, Rajasthan- 303108. Category Bc, Roll No. 808721.

65. Bhera Ram S/o Vishana Ram, Aged About 30 Years, Sarnoo Chimanji, Samu, Barmer, Rajasthan, Pin- 344703. Category Bc, Ng, Rg. Roll No. 822827.

66. Ankur Salodia S/o Meghraj Salodia, Aged About 36 Years, 47/2 Kiran Path Mansarowar Ward No-28, Jaipur, Rajasthan, Pin-302020. Category Sc, Roll No. 825213.

67. Swaran Malti D/o Satya Narayan, Aged About 33 Years, Shiv Aanand Deyart Farm 545 Manak Chouk, Ward No. 30 Jodhpur Rajasthan, Pin- 342001. Category Bc, Roll No. 821402.

68. Pramod Kumar Gurjar S/o Ramavtar Gurjar, Aged About 26 Years, Rehera Kotputli, Jaipur Rajasthan, Pin-303108. Category Mb, Roll No. 814141.

69. Bhulesh Meena S/o Ram Kishan Meena, Aged About 30 Years, Sudharan Para, Dausa, Rajasthan, Pin-303315. Category St, Hi. Roll No. 813398.

70. Rajesh Kumar S/o Dharampal, Aged About 47 Years, 166, Jaitpura, Partapur Alwar, Rajasthan, Pin- 301704. Category Sc, Rg. Roll No. 813169.

71. Prakash Chand Ranka S/o Ghewar Chand Ranka, Aged About 28 Years, Ratan Chok, Badnor Bhilwara, Rajasthan, Pin-311302., Category Ge, Roll No. 800152.

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72. Neetu Vyas D/o Vishnu Dutt Vyas, Aged About 42 Years, 17/470, Chopasni Housing Board, Nandanwan, Jodhpur, Rajasthan, Pin-342008. Category Ge. Roll No. 822781.

73. Khangar Singh Bhati S/o Bhanwar Singh Bhati, Aged About 29 Years, Jhaiora Bhatiyan Jaisalmer, Rajasthan, Pin- 345025. Category Ge, Roll No. 820842.

74. Mahendra Choudhary S/o Hema Ram Babal, Aged About 27 Years, 87, Jivani Palace Dhola Bhatta, Nandolt Mertiya, Nagaur, Rajasthan, Pin 341520. Category Bc, Roll No. 814341.

75. Rekha Meena D/o Girraj Prasad Meena, Aged About 27 Years, 13 Panchayt Vihar Colony Goner Road, Looniyawas Jaipur, Rajasthan, Pin-302031. Category St, Rg. Roll No. 813607.

76. Nikesh Jain S/o Ramesh Chandra Jain, Aged About 25 Years, Ward No. 14 Ganoda Banswara, Rajasthan, Pin- 327021. Category Ge, Roll No. 825408.

77. Akash Palliwal S/o Anil Kumar Palliwal, Aged About 28 Years, 95, Safed Haveli Ke Pass Gangapur City, Sawaimadhopur, Rajasthan, Pin- 322201. Category Ge, Me, Ng. Roll No. 813223.

78. Dinesh Kumar Sharma S/o Gopal Lal Sharma, Aged About 26 Years, 30 Brahman Mohlla, Tekchand Pur Teh. Bassi, Jaipur, Rajasthan, Pin- 303305. Category Ge, Roll No. 800574.

79. Hemlata Sharma D/o Ram Kishore Sharma, Aged About 29 Years, Deviliya, Banar Jodhpur, Rajasthan, Pin- 342027. Category Ge, Roll No. 822378.

80. Atul Saini S/o Raghuveer Prasad Saini, Aged About 27 Years, Ward No. 03 Ajmer Road, Kalyan Colony, Kekri Ajmer, Rajasthan, 305404. Category Ge. Roll No. 808602.

81. Girraj Prasad Sharma S/o Madan Bihari Sharma, Aged About 32 Years, Khadi Aashram Ke Samne, Nat Nath Road, Teh. Bassi, Banskho, Jaipur, Rajasthan, Pin 303305. Category Ge, Ng. Roll No. 811618.

82. Vikram Singh Gurjar S/o Bhagwan Sahay Gurjar, Aged About 25 Years, Ward No. 01 Dhani Sagar, Jugrajpura, Sikar, Rajasthan, Pin- 332701. Category Mb, Roll No. 812843.

83. Om Prakash S/o Rugnatha Ram, Aged About 32 Years,

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Mokhatara, Sewara, Jalor, Rajasthan, Pin 343040. Category Bc, Ng, Rg. Roll No. 822573.

84. Lalit Kishore S/o Lumba Ram, Aged About 32 Years, 166 Nehru Nagar, Near Birla School, Jodhpur, Nandanwan, Rajasthan, Pin 342008. Category Sc, Roll No. 821038.

85. Laxmi Swami S/o Poonam Chand Swami-, Aged About 29 Years, Karni Singh Stadium Road Near Junagarh Fort Sur Sager Ke Pass Mata Ji Ke Samne Bikaner, Rajasthan, Pin- 334001. Category Bc, Roll No. 805409.

86. Ram Bilas Pareta S/o Jamana Lal Pareta, Aged About 42 Years, 5/58, Bhagat Singh Colony,kota, Arjunpura, Kota Rajasthan, Pin-324002. Category Bc, Roll No. 824172.

87. Bhanwar Lal Legha S/o Begaram Legha, Aged About 33 Years, I.t.i. Ke Samne, Patel Nagar, Bikaner, Rajasthan, Pin-334003. Category Bc, Roll No. 810593.

88. Shailendra Kumar Alawada S/o Nand Lal Alwada, Aged About 39 Years, Kr. 15, Civil Line, Near Lal Kothi, Nayapura, Kota, Rajasthan, Pin-324001. Category Sc, Roll No. 824521.

89. Sonali Bansal D/o Vishnu Kumar Bansal, Aged About 23 Years, 31 Kiran Bhawan, New Jyoti Nagar, Hindavn, Karauli , Rajasthan, Pin-322230. Category Ge, Roll No. 812276.

90. Saurabh Kumar Jain S/o Ashok Kumar Jain, Aged About 30 Years, Mandawara Road New Brahampuri Colony, Hindaun, Karauli, Rajasthan, Pin-322230. Category Ge, Roll No. 808655.

91. Dalveer Singh S/o Kaur Singh, Aged About 38 Years, Village 2 P.g.m(A), 70 G.b. Gangangar, Rajasthan, Pin- 335703. Category Sc, Roll No. 805953.

92. Nidhi Mittal D/o Krishan Chandra, Aged About 33 Years, 66N, Block, Ganganagar, Sri Ganganagar, Rajasthan - 335001. Category Ge, Roll No.813387.

93. Rajanikant Meena S/o Vishram Kumar Meena, Aged About 29 Years, Khandiovrt, Uplafala Udaipur, Rajasthan Pin- 313803. Category St, Rg, Tsp-S, Roll No. 826520.

94. Jitin Agrawal S/o Mahendra Kumar Garg, Aged About 27 Years, Ward No. 1 Op.govt. Sen Sec. School, Village Ganj Kherli, Kherli Tarf Nooniya, Alwar, Rajasthan-321606. Category Ge, Roll No. 811655.

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95. Priyanka Sharma D/o Ghanshyam Sharma, Aged About 29 Years, Bhankhri (149), Dochana, Mahendragarh, Haryana- 123001. Category Ge. Roll No. 809246.

96. Himanshu Khatri S/o Bhupendra Kumar Khatri, Aged About 35 Years, Modi Line Shitla Mandir Ke Pas, Sirohi, Rajasthan-307001. Category Sc. Roll No. 825967.

97. Satyawati Sikarwar D/o Nabav Singh, Aged About 28 Years, Barauli Chhar, Bharatpur, Rajasthan, Pin-321614. Category Bc, Rg. Roll No. 803533.

98. Rimpy Jain W/o Dharm Chand Jain, Aged About 36 Years, 39 Mahaveer Colony, Ward No. 15 Niwai, Tonk , Rajasthan, Pin-304021. Category Ge, Roll No.800295.

99. Anamika Pancholi D/o Kailash Chandra Pancholi, Aged About 31 Years, Neaar Gopal Temple Jahazpur, Bhilwara, Rajasthan, Pin-311201. Category Ge, Roll No.800839.

100. Vikram Panwar S/o Heera Lal Panwar, Aged About 27 Years, Hanumanghera, Paani Ki Tanki Ke Pas Ward No.16 Sujangarh, Churu, Rajasthan, Pin-331507. Category Sc. Roll No. 816362.

101. Ram Narayan Jat S/o Ram Chandar Jat, Aged About 33 Years, Pooniyo Ki Dhani, Piprali, Loonwa, Nagaur, Rajasthan, Pin-341509. Category Bc, Roll No. 814130.

102. Rakesh D/o Bhanwar Lal Dudi, Aged About 25 Years, Seetsar, Salasar, Churu Ratangarh, Rajastha N, Pin- 331506. Category Bc, Roll No. 825817.

103. Aman Kumar Buri S/o Rajesh Kumar Buri, Aged About 25 Years, Mandasi, Jhunjhunun, Rajasthan, Pin-333705. Category Bc, Roll No. 809853.

104. Pinki Kumari Gangwal D/o Ram Prasad Gangwal, Aged About 33 Years, Ward No. 1 Toda Road, Malpura, Tonk, Rajasthan, Pin-304502. Category Sc, Ng, Rg. Roll No. 805990.

105. Sourabh Nemiwal S/o Vidhyadhar Nemiwal, Aged About 27 Years, Buchasiyon Ki Haveli Bhomiyon Ki Gali, Ward No.16 Bissav Jhunjhunun, Rajasthan, Pin-331027. Categorysc, Roll No. 809993.

106. Bachchu Singh Gurjar S/o Hajari Lal Gurjar, Aged About 37 Years, Gram Gadar Wada Gujran Laxman Member Ki Dhani Gurha Katla, Dausa, Rajasthan, Pin-303323. Category Mb, Rg. Roll No. 811829.

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107. Banshi Lal S/o Tara Chand, Aged About 28 Years, Ward No. 09 Keshw Colony, 8 Psd-B Rawla, Distt. Sri Ganganagar, Rajasthan, Pin- 335707. Category Bc, Rg. Roll No. 805264.

108. Shweta Khorwal D/o Gopal Lal Khorwal, Aged About 25 Years, Indra Market , Bazariya, The- Sawaimadhopur Rajasthan Pin - 322001. Category Sc. Roll No.803073.

109. Mustak Ahamad S/o Rujdar Khan, Aged About 30 Years, Boodle, Bharatpur, Rajasthan, Pin-321024. Category Bc. Roll No. 818686.

110. Shyam Singh S/o Ugam Singh, Aged About 33 Years, Solkiya Tala, Jodhpur, Rajasthan, Pin-342025. Category Ge, Ng, Rg. Roll No. 822629.

111. Kunwar Pal Singh Dhabas S/o Ram Chandra Jat, Aged About 26 Years, Ward No. 02 Dhani Dhabaswali (Nathu Nagar) Shahpura Jaipur, Rajasthan, 303103. Category Bc. Roll No. 814224.

112. Kamleshwar Sharma S/o Rameshwar Sharma, Aged About 27 Years, Mohamadpura, Dausa, Rajasthan, Pin- 303505. Category Ge, Roll No.814083.

113. Varun Bishnoi S/o Subhash Bishnoi, Aged About 32 Years, Ward No. 03, 5 K.s.p Chak 4 Ksp, Hanumangarh, Rajasthan, Pin-335526. Category Bc. Roll No. 806383.

114. Pooja Vaswani W/o Anupam Vaswani, Aged About 34 Years, Plot No. 79 B, Janak Puri Colony, Ganeshpura Beawar, Ajmer, Rajasthan, Pin- 305901. Category Ge. Roll No. 800670.

115. Ajay Kumar Joram S/o Raju Ram Joram, Aged About 27 Years, Ninawata, Didwana, Nagaur, Rajasthan, Pin- 341303. Category Sc. Roll No. 809449.

116. Arvind Kumar Garg S/o Sh. Bheru Shanker Garg, Aged About 39 Years, Somnagar Madhuvan, Senthi, Chittorgarh, Rajasthan. Category Sc. Roll No.825988.

117. Biresh Kumar Sharma S/o Kailash Chand, Aged About 34 Years, Dev Nagar, Babariya Alwar, Rajasthan, Pin-301412. Category Ge, Rg. Roll No. 825347.

118. Prem Prakash S/o Gopal Lal, Aged About 32 Years, Near Police Thana, Todaraisingh, Tonk, Rajasthan, Pin-304505. Category Sc. Roll No. 816642.

119. Rakesh Sharma S/o Ved Prakash, Aged About 39 Years,

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B-656, D A Fiats, Timarpur, North Delhi, Pin-110054. Category Ge. Roll No. 809473.

120. Raj Kumar Jakhar S/o Ramawatar, Aged About 26 Years, Vpo. Napawali, Teh- Neem Ka Thana, Dist. Sikar, Rajasthan, Pin- 332713. Category Bc, Ng. Roll No. 815367.

121. Seema Yadav D/o Madan Lal Yadav, Aged About 26 Years, House No. 335, Kanaram, Nagar, Vijaybadi Path No. 07 Murlipura, Jaipur, Rajasthan, Pin-302039. Category Bc. Roll No. 811525.

122. Siyaram Gurjar S/o Ramgopal Gurjar, Aged About 27 Years, 32, Moaihalla Gujaran, Shankarpura, Teh. Jamava Ramgarh, Dist. Jaipur, Rajasthan, Pin-303001. Category Mb, Ng. Roll No. 801928.

123. Daulat Ram S/o Krishan Lal, Aged About 38 Years, Chaiya, 1Cym, Hanumangarh, Rajasthan, Pin-335524. Category Bc, Rg. Roll No. 821407.

124. Pankaj Soni S/o Satya Prakash, Aged About 23 Years, Ward No.21 Shiv Colony, Merta, Nagaur, Rajasthan, Pin- 341510. Category Bc, Roll No. 800476.

125. Vikrant Mathuria S/o Mool Chand, Aged About 28 Years, B-70 Golf Course Road Vishnu Hill Town, Ajmer Rajasthan-305001. Category Sc. Roll No. 800014.

126. Nivedita Saraswat D/o Uma Shankar Sharma, Aged About 31 Years, B-96, Tonk Phatak Barkat Nagar Extension Jaipur, Rajasthan, Pin-302015. Category Ge, Me. Roll No. 810356.

127. Samay Singh Rawat S/o Bhagwan Singh Rawat, Aged About 33 Years, 435-A, Brij Vihar, Jagatpura, Jaipur, Rajasthan, Pin-302017. Category St. Roll No. 815870.

128. Om Prakash S/o Hari Ram, Aged About 30 Years, Sewara, Jalor Rajasthan-343040. Category Bc, Ng, Rg. Roll No. 820655.

129. Shikha Soni W/o Shyam Sunder Soni, Aged About 42 Years, Near Jagdish Mandir, House No. 325 Sunaro Ki Gali Sarafa Bazaar, Jodhpur, Rajasthan, Pin-342001. Category Bc, Wd. Roll No. 820326.

130. Monika Khandelwal D/o Sitaram Khandelwal, Aged About 26 Years, 533/32, Shrinagar Road Ajmer, Rajasthan, Pin- 305001. Category Ge. Roll No. 801539.

(12 of 22) [CW-10716/2020]

131. Samartha Ram S/o Sawal Ram, Aged About 32 Years, Vera Dabra, Bithooja Barmer, Rajasthan, Pin344022. Category Bc. Roll No. 825574.

132. Shantanu Shrivastava S/o Atul Shrivastava, Aged About 31 Years, 1 Blood Bank Ke Pas Basant Vihar(Special) Kota, Dadabadi Kota, Rajasthan, Pin-324009. Category Ge. Roll No. 824125.

133. Aayush Sharma S/o Prakash Chandra Sharma, Aged About 29 Years, C-36, Gayatri Vihar Bajrang Nagar, Police Line Kota, Naya Nohra, Kota, Rajasthan, Pin-324001. Category Ge. Roll No. 824248.

134. Kamal Kumar Sharma S/o Bihari Lal Sharma, Aged About 27 Years, Bagado Ka Mohalla, The. Phagi, Choukha Wala, Ajairajpura, Jaipur, Rajasthan- 303007. Category Ge. Roll No. 813067.

135. Neha Choudhary W/o Mukesh Meel, Aged About 34 Years, 34-A, Alkapuri, Near Triveni Public School, Murlipura Scheme, Akhepura, Jaipur, Rajasthan-302013. Category Bc, Roll No. 808400.

136. Himanshu Sharma S/o Shyam Lal Sharma, Aged About 27 Years, Ward No. 01 Napa Ka Was Chak No. 01 Amrabad, Ramgarh Pachwara Dausa, Rajasthan, Pin-303510. Category Ge. Roll No. 800457

137. Priya Sethi W/o Parshant Sethi, Aged About 31 Years, 101, Gaur Ganga-1, Sector-4 Vaishali I.e. Sahibabad Ghaziabad, Uttar Pradesh, Pin-201010. Category Ge, Ng. Roll No. 800138.

138. Maneesh Kumar Sharma S/o Brahamdatt Sharma, Aged About 30 Years, Plot No-12, Laxmi Vihar-B, Lalarpura, Panchyawala, Jaipur, Rajasthan, Pin-302034. Category Ge. Roll No. 809938.

139. Preeti Kotwar D/o Devi Lal Meena, Aged About 27 Years, E-98, Saraswati Nagar, Shri Ram Colony, Gaitore Road Malviya Nagar, Jaipur, Rajasthan, Pin-302017. Category St. Roll No.808324.

140. Namo Narayan Meena S/o Ramji Lal Meena, Aged About 36 Years, Dhani Rakhala, Malwas, Dausa, Rajasthan, Pin- 303505. Category Sc. Roll No. 815352.

141. Sooja Ram S/o Jagmal Ram, Aged About 35 Years, H.no.

488B, Af Block Near Veer Bazaar Road, Shalimar Baga,

(13 of 22) [CW-10716/2020]

New Delhi, North West Delhi, Delhi, Pin-110088. Category Bc, Ld. Roll No. 822635.

142. Vinod Meena S/o Lallu Ram Meena, Aged About 35 Years, Vpo. Gandal, Tehsil- Bamanwas, Gandal, Sahar, Sawai Madhopur, Rajasthan, Pin-322204. Category St. Roll No. 806405.

143. Gaytree Dadhich D/o Mahesh Dadhich, Aged About 29 Years, 116, Vidhya Nagar Galaxy School Ke Piche Paota C Road, Jodhpur, Rajasthan, Pin-342001. Category Ge. Roll No. 820376.

144. Om Prakash Mundotiya S/o B R Mundotiya, Aged About 33 Years, Bajrang Colony, New Riico Road, Raigaron Ka Mohalla, Bagru, Rawan Bagru, Jaipur, Rajasthan, Pin- 303007. Category Sc, Ng. Roll No. 812369.

145. Shivanandini Mishra W/o Rahul Solanki, Aged About 30 Years, Bagwano Ka Mohalla, Purani Ginnani, Bikaner, Rajasthan, Pin-334001. Category Ge. Roll No. 807051.

146. Usha Sharma D/o Gouri Shankar Sharma, Aged About 36 Years, Jain Upasana Baas Aathuna Baas, Udai Ramsar, Bikaner, Rajasthan, Pin-334402. Category Ge, Roll No. 805465.

147. Shree Bhagwan Yadav S/o Amar Singh, Aged About 28 Years, Village -Jaitpur, Partapur, Alwar, Rajasthan, Pin- 301704. Category Bc, Ld, Ng. Roll No.816567

148. Vidhya Devi D/o Dev Raj Paramar, Aged About 28 Years, Rani Station Marg, Rani Kalan, Pali, Rajasthan, Pin- 306115. Category Bc. Roll No. 822340.

149. Aarati Kanwar Gour D/o Sohan Singh Gour, Aged About 28 Years, Ward No. 23 Deepak Villa, Prem Nagar 4 Kekri, Ajmer, Rajasthan, Pin-305404. Category Bc. Roll No. 808461.

150. Vandana Tepan D/o Gopal Lal Tepan, Aged About 26 Years, New Bus Stand Ke Samne, Ward No. 8 Shahpura, Bhilwara, Rajasthan, Pin - 311404. Category Sc, Rg. Roll No. 801028.

151. Dr. Amita Bhati D/o Daulat Ram, Aged About 38 Years, 703, Devi Nagar, Sodala New Sanganer Road Jaipur, Rajasthan. Pin-302019. Category Bc. Roll No. 810518.

152. Ashish Kumar Goyal S/o Mohan Lal Goyal, Aged About 28 Years, Pratapgarh, Alwar, Rajasthan, Pin-301027.

(14 of 22) [CW-10716/2020]

Category Ge, Roll No. 800666.

153. Sukharmal Masar S/o Mangt Lal Masar, Aged About 31 Years, Ward No. 09 Maliya Vpo. Nayan, Tehsil-Pipalkhunt. Nayan, Banswara, Rajasthan, Pin-327027. Category St, Rg, Tsp-St. Roll Noi.826642.

154. Vijay Gupta S/o Ravi Shankar Gupta, Aged About 30 Years, 249, Adarsh Colony, Daudpur, Alwar Rajasthan, Pin-301001. Category Ge. Roll No. 814209.

155. Rameshwar Singh S/o Balbir Singh, Aged About 34 Years, Village Post-Ureeka, Dist. Jhunjhunun, Rajasthan, Pin- 333033. Category Bc, Ex. Roll No. 822811.

156. Ajay Singh Saini S/o Bajrang Lal Saini, Aged About 29 Years, Ward No. 13 Adarsh Nagar, Jhunjhunun Rajasthan, Pin-333023. Category Bc. Roll No. 815602.

157. Sher Singh Yadav S/o Mala Ram, Aged About 30 Years, Kuned , Kooner, Jaipur, Rajasthan-303106. Category Ge, Ex. Roll No. 810721.

158. Farman Khan S/o Shamshad Ali, Aged About 31 Years, W/ 30/476, Amarsingh Pura, Bikaner Rajasthan, Pin-334001. Category Mb. Roll No. 808110.

159. Suman Soni W/o Deepak Verma, Aged About 42 Years, C/ o Rajendra Verma 1 Ga 6, Post Office Wali Gali Dhola Bhata, Ajmer, Rajasthan, Pin-344501. Category Bc, Wd, Me, Rg. Roll No.801758.

160. Awar Dan S/o Karni Dan, Aged About 33 Years, Gadra Road Barmer Rajasthan, Pin-344501. Category Bc, Kroll No. 825189.

161. Rakshita Khokhar D/o Lakshaman Singh Khokhar, Aged About 25 Years, Ghasipura, Kanwat Basri Kalan, Sikar, Rajasthan, Pin-332708. Category Bc, Rg. Roll No. 814471.

162. Surendra Choudhary S/o Kishan Lal Choudhary, Aged About 25 Years, At Mohalla Birvara Bharai, Ajmer, Pin- 305404. Category Bc. Roll No. 801533.

163. Suresh Kumar Mehar S/o Shivlal, Aged About 28 Years, Kheda Road Bakani Jhalawar, Rajasthan, Pin-326022. Category Sc, Rg. Roll No. 824605.

164. Bhom Singh Shekhawat S/o Anop Singh Shekhawat, Aged About 34 Years, Losal Chhoti, Sikar, Pin-332025. Category Ge, Rg. Roll No. 817240.

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165. Amit Kumar Shukla S/o Rakesh Kumar Shukla, Aged About 29 Years, Vpo. Suroth, Teh. Hindaun City, Karauli, Pin-322252. Category Ge. Roll No. 812122.

166. Mukesh Yadav S/o Shri Ram Yadav, Aged About 30 Years, Post. Baghawas, Renwal, Jaipur, Pin-303603. Category Bc. Roll No. 814726.

167. Pooja Dayama D/o Sohan Lal Dayama, Aged About 25 Years, Ward No. 31, Subhash Nagar, Fatehpur, Sikar,pin- 332301. Category Sc, Ng, Rg. Roll No. 805671.

168. Om Prakash S/o Chanana Ram, Aged About 42 Years, Kumharo Ka Bas Merta City Nagaur, Pin-341510. Category Bc, Rg. Roll No. 802345.

169. Sandeep Kumar Babal S/o Puranmal Babal, Aged About 31 Years, Mawa Didwana, Nagaur, Pin, 341303. Category Bc, Rg. Roll No. 800843.

170. Mamta Kumari Jagrawal D/o Gopal Lal Jagrawal, Aged About 26 Years, Vpo.-Chawandiya, Vaya Bassi, The- Jamawa Ramgarh, Jaipur,pin-303301. Category Sc, Roll No. 809322.

171. Bhagwati Lal Bhatt S/o Chhoga Lal Bhatt, Aged About 39 Years, Rawle Ke Pass, Heenta, Udaipur, Pin-303603. Category Ge, Rg. Roll No. 825977.

172. Kalu Ram Jat S/o Mohan Lal Jat, Aged About 33 Years, Nangal Govind, Dhani Mandiya Wali, Teh.- Chomu, Jaipur, Pin-303602. Category Bc. Roll No. 812891.

173. Virender Pratap Singh S/o Jugat Singh, Aged About 30 Years, Mirdha Wali Gali Near Ruda Ram Ki Goga, Teh. Tibbi, Hanumangarh, Pin-335526. Category Ge. Roll No. 825596.

174. Gajraj Singh S/o Sishpal Singh, Aged About 31 Years, Rajput Mohala Binjasar, Hanumangarh, Rajasthan, Pin 335524. Category Ge. Roll No. 805388.

175. Vikaram Singh S/o Jethu Singh, Aged About 29 Years, Chand Sama, Jodhpur, Pin-345021. Category Ge, Me, Ng. Roll No. 820729.

176. Dayal Singh S/o Ram Pratap Singh, Aged About 41 Years, Karnga Chhota, Sikar, Pin - 332301. Category Ge, Ex. Roll No. 813657.

177. Ashish Kumar Sharma S/o Ramesh Chand Sharma, Aged About 46 Years, Padyan Ka Mohala Balaji Mandir Ke Pass

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Baswa, Dist- Dausa, Pin 303327. Category Ge, Me, Ng, Rg. Roll No. 809463.

178. Anju Meena D/o Op Meena, Aged About 31 Years, 2/233 New Vidhyadhar Nagar Jaipur, Pin- 302039. Category St. Roll No. 809710.

179. Ramawatar Siyak S/o Madan Lal Siyak, Aged About 26 Years, Ghana Sikar, Rajasthan, Pin- 332312. Category Bc, Rg. Roll No. 806980.

180. Praveen Diloya S/o Satyanarayan Diloya, Aged About 26 Years, Palwas Road Baipass, Balaji Vihar, Sikar(Rajasthan, Pin- 332001. Category Bc. Roll No. 814074.

181. Himanshu Jain S/o Uttam Chand Jain, Aged About 24 Years, Bapu Nagar, Newai, Tonk, Pin- 304021. Category Ge. Roll No. 801502.

182. Amit Bohra S/o Shivlal Bohara, Aged About 30 Years, Address - 500, Pareek Basti Daudsar, Churu, Rajasthan , 331022, Category - Ge, Roll No. 805655

183. Manish Kumar Sharma S/o Badri Prasad Sharma, Aged About 26 Years, R/o Phulera Karnawar , Dausa, Rajasthan, Pin 303327. Category Ge. Roll No.809525.

184. Jai Shree Sharma D/o Subhash Chandra Sharma, Aged About 38 Years, 110, Ward No.19, Hanuman Colony, Sangaria, Hanumangarh (Rajasthan) 335063. Category Ge, Rg. Roll No. 806994.

185. Vikram Singh S/o Sitaram Meena, Aged About 29 Years, 3, Raman Vihar B, New Express Highway, Machada, Harmada, Jaipur (Rajasthan) 302013. Category St. Roll No. 814558.

186. Sanwla Ram S/o Roopa Ram, Aged About 35 Years, Address - Palri Deoran, Jalor , Rajasthan , 343040, Category - Mg, Rg, Roll No. - 821354

----Petitioners Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Personnel And Administrative Reforms, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Secretary, Rajasthan Public Service Commission, Ajmer, Rajasthan.

                                                                ----Respondents



                                          (17 of 22)              [CW-10716/2020]



For Petitioner(s)         :     Mr. Virendra Lodha, Senior Counsel
                                assisted by Mr. Jai Lodha.
For Respondent(s)         :     Mr. S.S. Raghav, AAG.
                                Mr. M.F. Baig.



HON'BLE MR. JUSTICE INDERJEET SINGH

Order

15/07/2021

This writ petition has been filed by the petitioner with the

following prayer:-

"In these circumstances, it is, therefore, prayed that the Hon'ble Court may kindly call for entire record pertaining to RAS & RTS (Mains) Examination, 2018 and after examining the same be pleased to direct the respondents and under:-

(i) By an appropriate order, writ or direction, the official respondent be directed to declare and disclose the result of the unsuccessful candidates i.e. their marks of main examination prior to holding of interview which is scheduled to commence from 05.10.2020.

(ii) By an appropriate order, writ or direction, the official respondent be directed to verify the copies of the petitioners using the barcode an independently examine the copies of few petitioners and other persons similarly situated randomly and that too manually and also to verify/compare individual answer sheets with the mark sheet and in case if there is any variation and discrepancy in the allotment of marks, in that eventuality the entire evaluation of copies be held afresh manually and it is only thereafter a new result be held afresh manually and it is only thereafter a new result be declared of main examination of RAS & RTS (Mains) Examination, 2018 and till the aforesaid exercise is carried out, the official respondents be restrained from conducting interview during the pendency of the writ petition;

(iii) By an appropriate order, writ or direction, the entire result of RAS & RTS (Mains) Examination, 2018 declared on 09.07.2018 be declared null and void and be quashed and set aside;

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(iv) By appropriate order, writ or direction, the official respondent be directed to first make available and disclose the marks of the unsuccessful candidates so that they can apply for re-totaling prior to interview and till the aforesaid exercise is carried out, the official respondents be restrained from conducting interview during the pendency of the writ petition.

(v) By an appropriate order, writ or direction the unsuccessful candidates by made available their answer sheets/copies before convening of interview;

(vi) By an appropriate order, writ or direction, the petitioners be made available their marksheets in order to evaluate them to move for re-totaling before interview in order to enable the petitioners to adjust their performance;

(vii) Cost of writ petition.

(viii) Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the Petitioners."

Brief facts of the case are that in pursuance to the

advertisement dated 02.04.2018 issued by the respondent-RPSC the

petitioners applied for the subject post in Rajasthan State and

Subordinate Services and participated in the preliminary examination

which was held on 05.08.2018. Result of the preliminary examination

was declared on 23.10.2018 and the result of main examination was

declared on 09.07.2020, thereafter extended result was also

declared on 12.03.2021. According to the information of the

petitioners' counsel the interviews are over by 13.07.2021.

Learned Senior Counsel appearing on behalf of the petitioners

submits that the respondent-RPSC has committed wrong while

checking the answer sheets through screening method whereas the

same should not have been checked by manually. Counsel further

submits that the RPSC has selected ineligible persons and on

(19 of 22) [CW-10716/2020]

demand marks have been supplied to them. Counsel further submits

that even marks-sheets of the petitioners were also not supplied by

the respondents. Counsel further submits that the liberty be granted

to the petitioners to file fresh writ petition if need so arises.

Counsel appearing on behalf of the respondents submitted that

the petitioners are estopped to challenge the process of selection

after participating in the same.

In support of the contention, counsel for the respondents,

relied upon the judgment passed by the Hon'ble Suprme Court in

the matter of Ashok Kumar & Anr. Vs. State of Bihar & Ors.

reported in (2017) 4 Supreme Court Cases 357 wherein paras

No.13 to 18 it has been held as under:-

"13. The law on the subject has been crystalized in several decisions of this Court. In Chandra Prakash Tiwari v. Shakuntala Shukla (2002), this Court laid down the principle that when a candidate appears at an examination without objection and is subsequently found to be not successful, a challenge to the process is precluded. The question of entertaining a petition challenging an examination would not arise where a candidate has appeared and participated. He or she cannot subsequently turn around and contend that the process was unfair or that there was a lacuna therein, merely because the result is not palatable. In Union of India v. S. Vinodh Kumar MANU/SC/7926/2007 : (2007) 3 SCC 100, this Court held that:

"18. It is also well settled that those candidates who had taken part, in the selection process knowing fully well the procedure laid down therein were not entitled to question the same.(See Munindra Kumar v. Rajiv Govil (1991) and Rashmi Mishra v. M.P. Public Service Commission).

14. The same view was reiterated in Amlan Jyoti Borroah where it was held to be well settled that candidates who have taken part in a selection process knowing fully well the procedure laid down therein are not entitled to question it upon being declared to be unsuccessful.

(20 of 22) [CW-10716/2020]

15. In Manish Kumar ShahI v. State of Bihar, the same principle was reiterated in the following observations:(SCCp.584, para 16)

"16. We also agree with the High Court that after having taken part in the process of selection knowing fully well that more than 19% marks have been earmarked for viva voce test, the petitioner is not entitled to challenge the criteria or process of selection. Surely, if the Petitioner's name had appeared in the merit list, he would not have even dreamed of challenging the selection. The Petitioner invoked jurisdiction of the High Court Under Article 226 of the Constitution of India only after he found that his name does not figure in the merit list prepared by the Commission.

This conduct of the Petitioner clearly disentitles him from questioning the selection and the High Court did not commit any error by refusing to entertain the writ petition. Reference in this connection may be made to the Judgments in Madan Lal v. State of J &K, Marripati Nagaraja v. Government of Andhra Pradesh, Dhananjay Malik and Ors. v. State of Uttaranchal, Amlan Jyoti Borooah v. State of Assam and K.A. Nagamani v. Indian Airlines.

16.In Vijendra Kumar Verma v. Public Service Commission, candidates who had participated in the selection process were aware that they were required to possess certain specific qualifications in computer operations. The Appellants had appeared in the selection process and after participating in the interview sought to challenge the selection process as being without jurisdiction. This was held to be impermissible.

17. In Ramesh Chandra Shah v. Anil Joshi, candidates who were competing for the post of Physiotherapist in the State of Uttrakhand participated in a written examination held in pursuance of an advertisement. This Court held that if they had cleared the test, the Respondents would not have raised any objection to the selection process or to the methodology adopted. Having taken a chance of selection, it was held that the Respondents were disentitled to seek relief Under Article 226 and would be deemed to have waived their right to challenge the advertisement or the procedure of selection. This Court held that (SCC P.318, para18)

(21 of 22) [CW-10716/2020]

"18. It is settled law that a person who consciously takes part in the process of selection cannot, thereafter, turn around and question the method of selection and its outcome".

18.In Chandigarh Admn. v. Jasmine Kaur, it was held that a candidate who takes a calculated risk or chance by subjecting himself or herself to the selection process cannot turn around and complain that the process of selection was unfair after knowing of his or her non-selection. In Pradeep Kumar Rai v. Dinesh Kumar Pandey, this Court held that:(SCC P. 500, para17) "17. Moreover, we would concur with the Division Bench on one more point that the Appellants had participated in the process of interview and not challenged it till the results were declared. There was a gap of almost four months between the interview and declaration of result. However, the Appellants did not challenge it at that time. This, it appears that only when the Appellants found themselves to be unsuccessful, they challenged the interview. This cannot be allowed. The candidates cannot approbate and reprobate at the same time. Either the candidates should not have participated in the interview and challenged the procedure or they should have challenged immediately after the interviews were conducted."

This principle has been reiterated in a recent judgment in Madras Institute of Development Studies V. S.K. Shiva Subaramanyam."

Counsel further relied upon the judgment passed by the

Division Bench of this court in the matter of Shanu Goyal Vs. State

of Rajasthan & Ors (D.B. Civil Writ Petition No.17708/2013)

decided on 08.07.2013 wherein the following order was passed:-

"In view of the emphatic enunciation and the legal proposition as above, we are of the unhesitant opinion that considering the nature of the ongoing selection process as stipulated by the Rules and the bearing of the results of the written examination on the eventual selection of the candidates, the request of the petitioner, as made in the instant petition, ought not to be entertained at this stage. This request, we construe, if allowed, would

(22 of 22) [CW-10716/2020]

undermine the confidentiality of the exercise underway, apart from affecting the third party rights. Besides, the very basis of the relief sought for by the petitioner is speculative i.e. her perception that her performance has not been correctly evaluated for which there is no tangible basis for this Court to act upon.

The petition therefore, lacks in merit and is rejected. The stay application is also dismissed.

The writ petition filed by the petitioners deserves to be

dismissed for the reasons; firstly, the petitioners are estopped to

challenge the process of selection after participating in the same; in

view of the judgment passed by the Hon'ble Apex Court in the

matter of Ashok Kumar (supra); secondly, the answer sheets of the

petitioners cannot be provided to them in view of the judgment

passed by the Division Bench of this court in the matter of Shanu

Goyal (supra) and the petitioners can take the copy of the answer

sheets after completion of selection process; lastly, in the facts and

circumstance of the present case, I am not inclined to exercise the

extra-ordinary jurisdiction of this court under Article 226 of the

Constitution of India.

In that view of the matter, this writ petition stands dismissed.

However, the petitioners are at liberty to file fresh writ petition if

need so arises.

(INDERJEET SINGH),J

MG/318

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