Chunni Lal Bhagora vs State Of Rajasthan
2022 Latest Caselaw 2949 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7238/2021

1. Chunni Lal Bhagora S/o Dinesh Chandra, Aged About 26 Years, Village Bhagorapada Ukhedi, Post Kanbai, Tehsil Kherwara, District Udaipur (Rajasthan).

2. Mohan Lal Meena S/o Kalu Kal Meena, Aged About 24 Years, Village Velifalla, Post Kalibheet, Tehsil Lasadiya, District Udaipur (Rajasthan).

3. Dinesh Meena S/o Ram Lal Meena, Aged About 24 Years, Village Manawatpura, Post Kalibheet, Tehsil Lasadiya, District Udaipur (Rajasthan).

4. Mukesh Meena S/o Kalu Lal Meena, Aged About 26 Years, Village Manpuriyo-Ka-Guda, Post Koon Gopalpura, Tehsil Lasadiya, District Udaipur (Rajasthan).

5. Rahul Daranga S/o Prakash Lal, Aged About 21 Years, Village Gatrali, Post Deri, Tehsil Kherwara, District Udaipur (Rajasthan).

----Petitioners Versus

1. State Of Rajasthan, Through Secretary (Home), Government Of Rajasthan, Jaipur.

2. Director General Of Police (Recruitment), Rajasthan, Jaipur.

3. Superintend Of Police, Udaipur.

----Respondents

For Petitioner(s) : Mr. Shambhoo Singh Rathore. For Respondent(s) : Mr. Manish Vyas, AAG.

HON'BLE MR. JUSTICE ARUN BHANSALI Order

23/02/2022

This writ petition has been filed by the petitioners seeking a

direction to the respondents to include the name of the petitioners

in the provisional merit/selection list pursuant to the

advertisement dated 04.12.2019 and to consider the candidature

of the petitioners in respective category and accord them

appointment on the post of Constable General.

Learned counsel for the petitioners submits that the issue

raised in the present writ petition is squarely covered by judgment

(2 of 3) [CW-7238/2021]

of this Court Aashish Kumar vs. State of Rajasthan & Ors.: SBCWP

No.7352/2021, decided on 14.12.2021, wherein, the petition filed

by the petitioner therein was allowed and, therefore, the

petitioners are entitled to similar relief in the present case also.

By order dated 17.02.2022, the respondents were directed

to place on record the marks obtained by the petitioners and cut-

off in their respective category.

Today, learned counsel for the respondents has placed for

perusal on record the marks obtained by the petitioners as well as

the cut-off in their category.

All the candidates belong to ST category and they had

applied for the TSP area, cut-off wherein and the marks obtained

by petitioners are as under:-

Petitioner's Name                             Marks                 Cut off
                                              obtained              Marks
Chunni Lal                                    59.75                 46.625
Mohan Lal                                     43.875                46.625
Dinesh                                        48.5                  46.625
Mukesh                                        46.375                46.625
Rahul                                         40.625                46.625

In view of the marks obtained by the petitioners, petitioners

Chunni Lal Bhagora & Dinesh Meena have obtained marks higher

than the cut-off and are entitled to the relief, inasmuch as, by

interim order dated 03.08.2021 a Coordinate Bench of this Court

had directed to keep vacant post for the petitioners.

The petitioners Chunni Lal Bhagora & Dinesh Meena would be

entitled to the relief as granted in the case of Aashish Kumar

(supra), which reads as under:-

"Consequently, the writ petitions filed by the petitioners are allowed. The rejection of petitioners candidature by the

(3 of 3) [CW-7238/2021]

respondents is quashed and set-aside. As the respondents have obtained marks higher than the cut-off, they are directed to be granted appointment, if they are otherwise eligible, with all the consequential benefits, however, the petitioners would be entitled to monetary benefits from the date they join pursuant to the orders passed by the respondents.

The process be initiated by the respondents within a period of four weeks."

So far as the petitioners Mohan Lal Meena, Mukesh Meena &

Rahul Daranga are concerned, as they have obtained marks less

than the cut-off, they are not entitled to any relief and

consequently, the petition to that extent is dismissed.

(ARUN BHANSALI),J 209-pradeep/-

Powered by TCPDF (www.tcpdf.org)