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Rajkumar Meena Son Of Shri Ram ... vs Secretary, Board Of Secondary ...
2022 Latest Caselaw 5059 Raj/2

Citation : 2022 Latest Caselaw 5059 Raj/2
Judgement Date : 22 July, 2022

Rajasthan High Court
Rajkumar Meena Son Of Shri Ram ... vs Secretary, Board Of Secondary ... on 22 July, 2022
Bench: Manindra Mohan Shrivastava, Shubha Mehta
     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

          D.B. Civil Special Appeal Writ No. 928/2022

                                      In

              S.B. Civil Writ Petition No. 9862/2022

Rajkumar Meena Son Of Shri Ram Meena, Aged About 22
Years, Resident Of Village And Post Jastana, Tehsil Bonli,
District Sawai Madhopur (Raj.)
                                                                   ----Appellant

                                  Versus

1.     Secretary, Board Of Secondary Education, Rajasthan
       Ajmer, Rajeev Gandhi Vidya Bhawan, Shiksha Board
       Colony, Civil Lines, Ajmer.
2.     Coordinator,     Rajasthan          Eligibility         Examination   For
       Teachers (REET)-2021, Board Of Secondary Education
       Rajasthan Ajmer, Rajeev Gandhi Vidya Bhawan, Shiksha
       Board Colony, Civil Lines, Ajmer.

                                                                ----Respondents

For Appellant(s) : Ms. Komal Kumari Giri, Advocate For Respondent(s) : Mr. C.L. Saini, Additional Advocate General

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA

Judgment / Order

22/07/2022

Heard.

Challenge in this appeal is to order dated 21.07.2022

passed by the learned Single Judge, whereby, the writ petition

filed by the appellant has been dismissed.

Learned counsel for the appellant would argue that

because of the inadvertent mistake, while filling up the

(2 of 3) [SAW-928/2022]

application form, incorrect entries were made and as soon as it

was realized, an application for correction was made, which has

not been allowed. Relying upon the judgment of the Hon'ble

Supreme Court in Dolly Chhanda Vs. Chairman, JEE & Ors.

(Appeal (Civil) No. 6506/2004, decided on 05.10.2004),

the Division Bench of this Court in Kavita Choudhary Vs.

The Registrar (Examination), Rajasthan High Court,

Jodhpur & Anr. (D.B. Civil Special Appeal Writ

No.1700/2017, decided on 01.11.2017) and the Single

Bench of this Court in Pramod Kumar & Anr. Vs.

Rajasthan Staff Selection Board (S.B. Civil Writ Petition

No. 6820/2021, decided on 22.09.2021, it is argued that a

bona fide mistake which does not affect the third party can be

allowed to be corrected at any stage of the competitive exam.

Mr. C.L. Saini, Additional Advocate General appearing on

advance copy for the respondents would submit that before the

learned Single Judge, it has been clearly stated that opportunity

of correction in the application form was granted to all the

candidates till 27.05.2022 and it was also published in the

news-paper, but the appellant did not avail that opportunity.

We are of the view that in the examination, a candidate is

required to submit his application form carefully. The appellant

did commit mistake. It is not in dispute that even after the last

date of submission of online application form, opportunity was

granted to all the candidates including the appellant to correct

the same till 27.05.2022, but the appellant failed to avail that

opportunity. The order passed by learned Single Judge also

shows that such an opportunity was granted not once but twice

(3 of 3) [SAW-928/2022]

to all the candidates and even news-paper publication was made

but the appellant failed to respond.

Once the respondents have allowed the candidates to

correct the defects not once, but twice, which has been widely

published in the news-paper, the appellant's grievance does not

merit any acceptance. In competitive examinations, the

candidates, who are not prompt and diligent, cannot claim

indulgence from this Court. Considering that the respondents

had given ample opportunity to correct but the appellant having

failed, the order passed by learned Single Judge does not

warrant any interference.

Therefore, the appeal is dismissed.

(SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),J

Mohita /61

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