Rajasthan High Court - Jodhpur
Narendra Kumar Kalasua vs State Of Rajasthan on 2 December, 2022
Bench: Sandeep Mehta, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 163/2020
1. Narendra Kumar Kalasua s/o Moti Lal Kalasua Age 26 yrs r/o
Dhchki, post Metali, District Dungarpur.
2. Someshwar s/o Dheeraj Mal aged 29 years R/o village
Rujadipada Post Harnathpura via Danpur Chhoti Sarwan
District Banswara
3. Narendra Kumar Katara s/o Fula Ram Age 28 yrs r/o village
Kherad post Amiwada District Udaipur.
4. Govind Kumar Ghatiya S/o Mansha Ji Ghatiya Age 34 yrs R/o
village Nareli po Mewara, tehsil Bichhiwara & District
Dungarpur.
5. Kalpesh Katara s/o Shanker Lal Katara Age 26 yrs r/o village
Arthuna, Tehsil Garhi & District Banswara.
6. Rajendra Khant S/o Ramesh Khant Age 28 yrs R/o
khatwada,
7. Arthuna tehsil Garhi & District Banswara.
Rajendra Kumar Kharadi s/o Haja Kharadi Age 31 yrs R/o
Padli Udarat, post Sansarpur Tehsil Jhonthri Pal & District
Dungarpur.
----Appellants-
Versus
1. The State of Rajasthan through secretary, Department of
Information Technology and Communication Department,
Government of Rajasthan, Jaipur.
2. Rajasthan Sub-ordinate and Ministerial Service Selection
Board, Durgapura, Jaipur through its Secretary.
----Respondents
For Appellant(s) : Mr. Moti Singh
For Respondent(s) : Mr. Manish Patel
Mr. Sudhir Tak, AAG
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(2 of 3) [SAW-163/2020]
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE KULDEEP MATHUR
JUDGMENT
02/12/2022
The present special appeal is directed against order dated
20.01.2020 passed by learned Single Bench whereby the writ
petition filed by the appellant-writ petitioners laying challenge to
the select list dated 22.07.2019, issued by the respondents
pursuant to advertisement dated 27.02.2018 pertaining to
recruitment against the post of 'Informatics Assistants' with
respect to TSP Area was dismissed.
The case set up by the appellant-writ petitioners is that the
respondent-Selection Board after conducting recruitment to the
post of Informatics Assistants for 137 posts of TSP Area issued
final select list dated 22.07.2019 wherein 43 candidates who did
not belong to TSP Area have been included. It is the case of the
appellant-writ petitioners that as per the conditions stipulated in
the advertisement dated 27.02.2018, the candidates belonging to
Non-TSP Area could not have been selected and appointed against
the posts reserved for the candidates belonging to TSP Area.
This Court vide order dated 18.03.2021 directed respondent-
Selection Board to file an additional affidavit clarifying as to
whether the candidature of the persons who are belonging to TSP
Area was considered against the vacancies for TSP Area and Non-
TSP Area both or only for TSP Area.
In compliance of the order dated 18.03.2021, an additional
affidavit dated 20.09.2021 has been filed by the Deputy Director,
(3 of 3) [SAW-163/2020]
Rajasthan Staff Selection Board, Jaipur wherein it is stated a final
select list (Annex.R/1) of the candidates pursuant to the
advertisement dated 27.02.2018 has been published wherein
requisite details of all the selected candidates such as name,
category, marks obtained etc. has been disclosed. In the
additional affidavit, it has further been stated that the 43
candidates had applied in TSP category who have been appointed
against the said category after due document verification.
No rebuttal to the assertions made in the additional affidavit
dated 20.09.2021 has been made by the appellant-writ
petitioners.
In view of aforesaid, we do not find any force in the
argument advanced by the appellant-writ petitioners that the
select list dated 22.07.2019, issued by respondent-Selection
Board with respect to TSP Area included 43 candidates who did
not belong to TSP Area.
In light of aforesaid, the impugned order dated 20.01.2020
passed by the learned Single Bench does not suffer from any
illegality or infirmity warranting interference in this intra court
appeal.
The special appeal thus fails and is dismissed as being devoid
of merit.
No order as to costs.
(KULDEEP MATHUR),J (SANDEEP MEHTA),J
56-skm/-
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