Surendra Dan S/O Hetu Dan vs State Of Rajasthan
2022 Latest Caselaw 1836 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Special Appeal Writ No. 381/2022

Surendra Dan S/o Hetu Dan
                                                                  ----Appellant
                                   Versus
State Of Rajasthan
                                                                ----Respondent

For Appellant(s)         :     Mr. Vikas Jakhar
For Respondent(s)        :

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL

Order

25/02/2022

D.B. Civil Misc. Application No.33/2022:-

Since there is no delay, this application is disposed of without

any order.

D.B. Special Appeal Writ No. 381/2022:-

Appellant is one of the original-petitioners. He belongs to

OBC category. In the recruitment for the post of Junior Legal

Officer undertaken by RPSC, written test was conducted which was

followed by oral interviews. After the written test candidates three

times the number of notified vacancies were called for the

interview. The grievance of the petitioners before the learned

Single Judge was that this short listing was done category wise

which would ignore the possibility of reserved category candidates

coming in the open merit list being included from the reserved

category candidates to be called for interview.

At our request made previously learned counsel for the

appellant had collected a judgment of Division Bench of this Court

(2 of 2) [SAW-381/2022]

in case of Khushi Ram Gurjar Vs. State of Rajasthan and Ors.

and other connected petitions in which the shortlisting of

candidates category wise was upheld. Counsel however sought to

make a distinction in the case already decided and his case. He

pointed out that in case of Khushi Ram Gurjar (supra) the

examination was a qualifying examination and the marks secured

by the candidates in such examination would not count for

preparing the merit list. In contrast in the present case the

weightage of written test carries 75% against 25% weightage of

oral interviews.

Issue notice to official respondents No. 1 and 2, returnable

on 28.03.2022. no notice to respondent Nos. 3 to 5 is necessary

since they are formal respondents.

                                   (SUDESH BANSAL),J                                              (AKIL KURESHI),CJ

                                   NAVAL KISHOR/2









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