Rajasthan High Court - Jodhpur
Kamal Kishor Sharma vs Rajasthan Staff Selection Board on 5 February, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17122/2021
1. Kamal Kishor Sharma S/o Shri Jugal Kishor Sharma, Aged
About 28 Years, R/o Plot No. 3, Tilak Nagar Iiird, Barla
Road, Mahamandir, Jodhpur (Raj.).
2. Avinash Vyas S/o Shri Anand Prakash Vyas, Aged About
30 Years, R/o Outside Chandpole, Behind Pareeko Ki
Bagechi, Chhoti Bheel Basti, Jodhpur.
----Petitioners
Versus
1. Rajasthan Staff Selection Board, Through Its Chairman,
State Institute Of Agriculture Management Premises,
Shreeji Nagar, Prithviraj Colony, Durgapura, Jaipur.
2. The Principal Secretary, General Administration
Department, Government Of Rajasthan, Secretariat,
Jaipur.
----Respondents
For Petitioner(s) : Mr Mahaveer Bishnoi (VC)
For Respondent(s) : Mr Rajesh Punia (VC)
HON'BLE MR. JUSTICE ARUN BHANSALI
Judgment / Order
05/02/2022
Instant petition has been filed by the petitioners being
aggrieved by the impugned result dated 16.12.2021 and
additional result dated 23.11.2021, Annxs.5 and 7 respectively,
and a prayer has been made that all candidates for the Phase-II
examination who have obtained minimum 40% marks in each of
the papers of Phase-I examination be directed to be called.
At the outset, learned counsel for the respondents submitted
that the issue raised in the present writ petition is squarely
covered by an order of this Court dated 07.09.2021 passed in
(2 of 3) [CW-17122/2021]
SBCWP No.11849/2021: Nawal Kishore Sharma Vs Rajasthan Staff
Selection Board & others, filed as Annx.10 by the petitioner
himself and therefore, the petition deserves to be dismissed.
Learned counsel for the petitioners attempted to make
submission that as the issue sought to be raised by the petitioners
was not considered in the judgment in the case of Nawal Kishore
Sharma (supra), said judgment would not govern his case.
The submission made by the learned counsel for the
petitioners can not be countenanced as a bare look at the order
passed in the case of Nawal Kishore Sharma (supra) would reflect
that the relief claimed in the said writ petition was also that the
Board be directed to call all the candidates who have secured
more than 40% marks in Phase-II of the selection process, on
which issue, after referring to third Exception appended with Part-
II of the Scheme and Syllabus of the competitive examination,
substituted by rule 4 of the Rajasthan Secretariat Ministerial
Service (Amendment) Rules 2016, which are pari materia with the
Rajasthan Public Service Commission (Ministerial & Subordinate
Services) Rules, the Court came to the conclusion that as the
Board has invited candidates to the extent of 12 times of the
number of posts advertised for the Second Phase of the selection
process, and all the candidates have secured more than 40%
marks, there is no illegality or infirmity in the decision of the
Board.
The issue raised in the present petition is squarely governed
by the order passed in the case of Nawal Kishore Sharma (supra).
Merely because the petitioners based on fresh arguments seek to
question validity of the conclusion arrived at by the coordinate
Bench, can not be a reason to entertain this petition all over
(3 of 3) [CW-17122/2021]
again. Consequently, the petition is dismissed as covered by
judgment in the case of Nawal Kishore Sharma (supra).
(ARUN BHANSALI),J
16-MMA/-
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