Jitendra Kumar Meena And Anr vs State And Anr
2022 Latest Caselaw 2072 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 555/2018

1. Kamal Kishore Nawal S/o Shri Chothmal Nawal, B/c-

Jatiya, R/o Bichla Bass, Bhadwasiya, Jodhpur, Rajasthan.

2. Mukesh Kumar S/o Shri Kedarmal, B/c- Meghwal, C/o Tilak Nagar, Udaimandir, District- Jodhpur, Rajasthan.

3. Govind Lal Regar S/o Shri Madhulal Regar, B/c- Regar, R/o Village- Balapura, Post- Karjaliya, Tehsil- Asind, District- Bhilwara, Rajasthan.

4. Roopram S/o Shri Om Prakash, B/c- Meghwal, R/o Ward No.- 5, Golu Wala, Sihagan, Tehsil- Pili Banga, District- Hanumangarh, Rajasthan.

5. Ramswaroop Bror S/o Shri Uma Ram Baror, B/c-

Meghwal, R/o Ward No- 3, Near Shiv Mandir Mandi, Goluwala, Niwadan, Tehsil- Pili Banga, District- Hanumangarh, Rajasthan.

6. Shyam Lal Chouhan S/o Shri Kishnaram Chouhan, B/c-

Jatiya, R/o Jatiyo Ka Purana Vas, Chohtan Road, Barmer, Rajasthan.

7. Sunil Karwa S/o Shri Kailash Chandra, B/c- Nayak, R/o Ward No- 34, Parihar Nagar, Pachpadra Road, Balotra, District- Barmer, Rajasthan.

8. Jalu Ram S/o Shri Bhajan Lal, B/c- Meghwal R/o Ward No 5, Chohilal Wali, Tehsil- Hanumangarh, District- Hanumangarh, Rajasthan.

9. Vinod Kumar Meena S/o Shri Lal Chand Meena, B/c Meena, C/o Tilak Nagar, Udaimandir, District- Jodhpur, Rajasthan.

10. Lichhaman Ram S/o Shri Adu Ram, B/c- Regar, R/o Regar Colony, Vpo- Badi Khatu, Tehsil- Jayal, District- Nagaur, Rajasthan.

11. Devendra Singh S/o Shri Baboo Lal, B/c- Jatav, C/o Tilak Nagar, Udaimandir, District- Jodhpur, Rajasthan.

12. Om Prakash Dhania S/o Shri Badri Prasad, B/c- Meghwal, R/o Vpo- Raidhana, Post- Raidhana, Tehsil- Ladnun, District- Nagaur, Rajasthan.

13. Anil Kumar S/o Shri Panna Ram, B/c- Meghwal R/o - Ward No- 5, Chohilal Wali, Tehsil- Hanumangarh, District-

(2 of 4) [CW-555/2018]

Hanumangarh, Rajasthan.

14. Ghan Shaym Meena S/o Shri Gulab Chand Meena, B/c-

Meena, C/o Tilak Nagar, Udaimandir, District- Jodhpur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan Through Its Secretary, Department Of Personal, Government Secretariat Jaipur, Rajasthan.

2. Secretary, Rajasthan Public Service Commission, Ajmer, Rajasthan.

----Respondents Connected With S.B. Civil Writ Petition No. 2539/2018

1. Jitendra Kumar Meena S/o Shri Balvir Singh, B/c Meena C/o Tilak Nagar, Udaimandir, District- Jodhpur, Rajasthan.

2. Shrinivas Meena S/o Shri Nathu Ram Meena, B/c Meena C/o Tilak Nagar, Udaimandir, District- Jodhpur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan Through Its Secretary, Department Of Personal, Government Secretariat Jaipur, Rajasthan.

2. Secretary, Rajasthan Public Service Commission, Ajmer, Rajasthan.

----Respondents

For Petitioner(s) : Mr. M. L. Deora (through VC). For Respondent(s) : Mr. Rajesh Punia (through VC).

HON'BLE MS. JUSTICE REKHA BORANA

Order

07/02/2022

The brief facts of the case are as under:

The petitioners applied in pursuance to the advertisement

dated 26.07.2013 (Annex.-1) for the post of Lower Division Clerk

Grade II. The petitioners herein belong to the SC and ST category

(3 of 4) [CW-555/2018]

and therefore, they applied in the said category. After the

declaration of the result the petitioners were not declared qualified

and therefore, the present writ petitions were filed on the ground

that the minimum qualifying marks as advertised ought to have

been relaxed as sufficient number of SC and ST category

candidates were not available and posts remain unfilled.

During the pendency of the present writ petitions similar

matters came up before this Court and ultimately vide judgment

dated 27.04.2018 passed in D.B. Special Appeal Writ No.

1666/2017; Babal Devi Meena v. State of Rajasthan & Ors.,

it was directed that the petitioners be awarded grace marks and if

anyone of them stands in merit after awarding the same and is

otherwise eligible for appointment, he should be recommended for

appointment. In pursuance to the directions issued in Babal Devi

Meena's case (supra), the State Government proceeded on to

award the required grace marks to the candidates and a new

provisional result was issued on 15.03.2019 whereby, the list of

the selected candidates after awarding of grace marks was issued.

It has been submitted by learned counsel for the petitioners

himself vide rejoinder that three to four out of the present

petitioners have been selected vide the revised result.

The submission of the counsel for the petitioners now is that

the notification dated 18.04.2018 (Annex.-RR/3) issued by the

Government of Rajasthan has since come in existence and

therefore, the same be applied to the remaining of the petitioners

and they be granted the relaxation as provided in the said

notification.

Admittedly, the present recruitment relates back to the

advertisement dated 26.07.2013 and the notification, the

(4 of 4) [CW-555/2018]

petitioners are relying upon at this stage, is of the year 2018. The

same cannot, under any law or provision, be applied to the

recruitment of the 2013. No notification can be said to have

retrospective application as the same would conclude into a new

series of litigation. Even otherwise, it is the settled proposition of

law that any Notification or Circular of a Government can be

deemed to have a retrospective effect only if the same has been

mentioned to be so in the notification / circular itself, otherwise

not.

In view of the above observations, the present writ petitions

are dismissed as having become infructuous against the

petitioners who had been selected in the revised list and are

dismissed qua the remaining petitioners i.e. those who had not

been selected in pursuance to the revised result.

(REKHA BORANA),J 37-38-Sachin/-

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