Rajasthan High Court - Jodhpur
Gajendra Singh Goyal vs State Of Rajasthan on 27 October, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14638/2021
1. Gajendra Singh Goyal S/o Sohanlal Goyal, Aged About 29
Years, Resident Of J 89, Pratap Nagar, Jodhpur (Raj.).
2. Mahendra Singh Tank S/o Kalyan Singh Tank, Aged About
32 Years, Resident Of Rajputo Ka Mohalla Keshringh Ghati
Ward No. 12 Deogarh, District Rajsamand (Raj.).
3. Dipak Kumar Joshi S/o Shankar Lal, Aged About 26 Years,
Resident Of Maru Darwaja Ke Andar Bandi Holi Ka Sthan,
Deogarh District Rajsamand (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary To The
Government, Department Of Personnel Secretariat, Jaipur
(Raj.).
2. Rajasthan Subordinate And Ministerial Service Selection
Board, Jaipur, State Institute Of Agriculture Management
Premises, Tonk Road, Shree Ji Nagar, Prithviraj Colony,
Durgapura, Jaipur. Through Its Chairman.
----Respondents
For Petitioner(s) : Mr. BS Sandhu
For Respondent(s) : Mr. Vinit Sanadhya
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/10/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
Learned counsel for the parties jointly submit that the
controversy in question is squarely covered by the judgment
passed by Jaipur Bench of this Court in Domesh Gupta & Ors.
Vs. State of Rajasthan & Anr. (S.B. Civil Writ Petition
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(2 of 3) [CW-14638/2021]
No.8788/2021) decided on 26.10.2021 alongwith connected
matters. The order dated 26.10.2021 reads as follows :-
"The challenge in these writ petitions to the select list
prepared by the respondent-Rajasthan Staff Selection
Board, Jaipur of the candidates eligible to undertake
Stenographer Grade- II, Phase-II examination in
pursuance of advertisement dated 04.07.2018, is two
fold. Firstly, migration of reserved category candidates
in the general category at the initial stage of
recruitment process has been challenged contending
that the migration is permissible at the time of
preparation of final select list only and not at each and
every stage of the recruitment process. The second limb
of argument is that acting contrary to the Rajasthan
State Ministerial Service (Amended) Rules 2016, which
provides that all the candidates who secured a
minimum of 40% mark in each paper of his examination
and obtained such percentage aggregate marks as may
be fixed by the recruiting authority in order to obtain
optimum level, may be admitted in Phase-II, the
respondents have invited 12 times the number of
candidates to undertake Phase-II examination without
prescribing percentage aggregate marks as envisaged
under the rules.
Mr. M.S. Singhvi, learned Advocate General
submitted that the respondents shall prepare an
additional select list prescribing percentage aggregate
marks by inviting all such candidates who obtain such
percentage aggregate marks so fixed by the respondents
without permitting migration of the reserved category
candidates into general category. Mr. Singhvi, learned
Advocate General submitted that such additional select
list shall be without prejudice to the candidates who find
place in the select list declared on 16.07.2021. Learned
Advocate General submitted that the candidates falling
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(3 of 3) [CW-14638/2021]
in additional select list shall be permitted to take Phase-
II examination to be held separately in near future.
Learned counsel for the petitioners feels satisfied
with the assurance extended by the learned Advocate
General and submitted that the issues raised by him,
stand resolved. In view thereof, nothing survives for
consideration for this Court in these writ petitions which
are disposed of in terms of assurance extended by the
learned Advocate General."
In light of the aforequoted judgment, the present petition is
disposed of in the same terms. It is needless to say that the
aforequoted judgment shall operate in favour of present
petitioners also. All pending applications also stand disposed of
accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
44-Sudheer/-
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