Rajasthan High Court
Lekhraj Bairwa Son Of Shri ... vs Rajasthan Public Service ... on 16 March, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2937/2022
Lekhraj Bairwa Son Of Shri Ramniwas Bairwa, Aged About 36
Years, Resident Of Near Urja Vihar, Village Rojdi, Kota (Raj.)
----Petitioner
Versus
Rajasthan Public Service Commission, Ajmer Through Its
Secretary, Ajmer, Rajasthan.
----Respondent
For Petitioner(s) : Mr. Kuldeep Kumar Sharma
For Respondent(s) : Mr. M.F. Baig
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
16/03/2022
Counsel for the petitioner submitted that a batch of petitions
(S.B. Civil Writ Petition No.13968/2021-Ankit Sharma & Ors. Vs.
RPSC & other connected petitions) involving the self same issue,
as raised in the present petition, was decided by a Coordinate
Bench of this Court by common order dated 22.02.2022, which
was assailed by the Rajasthan Public Service Commission by filing
D.B. Special Appeal Writ No.429/2022 (Rajasthan Public Service
Commission Vs. Ankit Sharma & Ors, along with connected
matter). The Division Bench of this Court vide order 23.02.2022
while issuing notices stayed the impugned judgment dated
22.02.2022, against which the writ petitioners Ankit Sharma &
Ors.,. approached the Hon'ble Supreme Court by filing Special
Leave to Appeal (C) Nos.4270-4271/2022. Counsel further
submitted that the Hon'ble Supreme Court after considering the
issue raised for consideration, decided the Special Leave Petitions
vide order dated 14.03.2022 and observed as under :-
(2 of 3) [CW-2937/2022]
"Accordingly, while confirming the
impugned order, we direct that the
petitioners in both these cases and also the
rest of the persons who approached the
learned Single Judge [in total 243] shall be
permitted to sit in the Mains examination
to take place on 20th and 21 st March,
2022. We make it clear that it will be
subject to the result of the appeals pending
adjudication before the High Court. The
result of this group shall be kept in a
sealed cover and a further decision in
regard to them will abide by the result of
the appeals before the High Court.
The participation of this group will be
without prejudice to the contentions of the
parties before the High Court.
Needless to say, the High Court, when
it decides the appeal, will do so
untrammelled by any observations that
may be contained in the impugned order.
The respondent-Rajasthan Public
Service Commission will take necessary
steps for facilitating the participation of the
candidates.
The special leave petitions are
disposed of in the above terms.
Pending applications stand disposed
of."
Counsel further submitted that since the petitioner has
approached this court on 16.02.2022 which is prior to passing of
the judgment of the Coordinate Bench of this Court dated
22.02.2022, therefore, in view of the verdict of the Hon'ble
Supreme Court as mentioned above, the petitioner too is entitled
to be allowed to participate in the selection process and
accordingly prayed that the respondents be directed to permit the
present petitioner to sit in the Mains Examination of R.A.S. which
is scheduled to be held on 20 & 21.03.2022.
Counsel for the R.P.S.C. though opposed the petition but
admitted the fact of filing the present writ petition prior to
(3 of 3) [CW-2937/2022]
judgment passed by the Coordinate Bench of this Court dated
22.02.2022.
Heard counsel for the parties and perused the record.
Considering the material placed for perusal as well as the
judgment passed by the Hon'ble Supreme Court (supra), in my
view the petitioner is entitled for indulgence of this Court of
allowing him to sit in the Mains Examination of R.A.S. which is
scheduled to be held on 20 & 21.03.2022, keeping the same
subject to final decision of the appeals pending before the Division
Bench of this Court, bearing D.B. Special Appeal Writ No.429/2022
along with other connected appeal.
In view of the observations made by the Hon'ble Supreme
Court (supra), the respondent-R.P.S.C. is directed to allow the
present petitioner to sit in the Mains Examination of RAS, which is
scheduled to be held on 20 & 21.03.2022, with further direction to
keep result of his participation in a sealed cover and the further
decision in regard to him will abide by the result of the appeals
pending before the Division Bench of this Court bearing D.B.
Special Appeal Writ No.429/2022 along with connected matter.
Accordingly, the writ petition stands disposed of.
(INDERJEET SINGH),J
JYOTI /58
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