Rajasthan High Court - Jodhpur
Alok Verma 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. 14757/2021
Alok Verma S/o Sh. Chandra Prakash, Aged About 26 Years,
Partistha Park Ke Piche, Deogarh, District Rajsamand (Raj.).
----Petitioner
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 Agricultural 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
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
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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
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
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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 petitioner
also. All pending applications also stand disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
45-Sudheer/-
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