Citation : 2022 Latest Caselaw 4732 Raj/2
Judgement Date : 12 July, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Special Appeal (Writ) No. 786/2021
In
S.B. Civil Writ Petition No.10560/2018
Rajasthan Public Service Commission, Through Its Secretary,
Ajmer.
----Appellant
Versus
1. Reenu Chouhan D/o Shri Ram Prakash Parihar, W/o Amit
Chouhan, R/o 118, Goverdhan Colony, Mohan Marg, Opp.
Hotel Laxmi Niwas, New Sanganer Road, Jaipur Raj.
2. The State Of Rajasthan, Through Its Secretary Higher
Education, Secretariat, Jaipur.
----Respondents
For Appellant(s) : Mr. Mirza Faisal Baig Advocate. For Respondent(s) : Mr. Vigyan Shah Advocate.
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA
Judgment / Order
12/07/2022
Heard on admission.
Learned counsel appearing for the appellant-RPSC would
submit that the order passed by the learned Single Judge,
recording a finding of fact that there was no proper
communication of subsequent result including the respondent-writ
petitioner as one of the selected candidates, proceeds on incorrect
factual premise because such information was uploaded on the
website of the RPSC and if the respondent-writ-petitioner has not
acted with promptitude and diligence, no fault can be found with
the procedure adopted by the RPSC. Further referring to an
(2 of 2) [SAW-786/2021]
additional document, which is sought to be filed today along with
an additional affidavit, it is contended before us that the
information in that regard was also published in the newspaper.
We find that the order passed by the learned Single Judge
proceeded on the basis of the material available before it, which
did not include any news publication.
We further find that another candidate Priyanka Choudhary,
who also could not submit her detailed application form on
account of her subsequent inclusion in the supplementary select
list, had approached the RPSC and RPSC allowed her to participate
by accepting her detailed application form beyond the date
prescribed, which on fact is also a case relating to respondent-
writ-petitioner.
Therefore, in the aforesaid circumstances, particularly taking
into consideration that the respondent-writ-petitioner was
permitted by an interim order also to participate in the process of
selection and that no different procedure could be adopted in
respect of similarly situated candidates, we do not find any force
in this appeal and the same is accordingly dismissed.
(SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),J
Sanjay Kumawat-2
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