Rajasthan High Court - Jodhpur

Pooja Patel vs The State Of Rajasthan on 16 March, 2022

Bench: Arun Bhansali

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2706/2022

1. Pooja Patel D/o Sh. Jagdish Patel, Aged About 33 Years, Resident Of 456, Gali No. 2 Milk Man Colony, Jodhpur.

2. Shailja Gaur D/o Sh. Sharwan Kumar, Aged About 26 Years, Resident Of Near Gaur Vipr Mahashabha, Sardar Shahar, Churu.

3. Ravindra Singh Rathore S/o Shri Rajendra Singh, Aged About 25 Years, Ward No. 12, Village Pratappura Khntri Sikar.

4. Chandan Prakash S/o Sh. Amrit Lal, Aged About 36 Years, Resi. Dasaniya, Shergadh, Dis. Jodhpur

----Petitioners Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Personnel, Govt. Of Rajasthan, Secretariat, Jaipur.

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

----Respondents Connected With S.B. Civil Writ Petition No. 16660/2021 Prakash Kumar S/o Ladu Ram, Aged About 27 Years, R/o Chainpurakalan, Bhojasar, District Jodhpur (Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Personnel And Administration, Secretariat, Jaipur, Rajasthan.

2. The Secretary, Rajasthan Public Service Commission, Gooogharaghati, Jaipur Road, Ajmer (Rajasthan)

----Respondents S.B. Civil Writ Petition No. 17170/2021

1. Vijay Laxmi D/o Sh. Shankar Dan, Aged About 24 Years, Surajpole, Jaliwara Khurd, Tehsil Pipar City, District Jodhpur.

2. Bhavna Bhatt D/o Sh. D.r. Bhatt, Aged About 30 Years, 23/238, Chopasani Housing Board, Jodhpur.

3. Kuldeep Singh Charan S/o Shri Bheru Dan Barahat, Aged About 23 Years, Jawla, District Nagaur.

                                                               ----Petitioners
                                Versus



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1.     The State Of Rajasthan, Through                          The Secretary,
       Department      Of   Personnel, Govt.                    Of  Rajasthan,
       Secretariat, Jaipur.

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

----Respondents S.B. Civil Writ Petition No. 743/2022

1. Nitesh Kumar S/o Shri Narendra Kumar, Aged About 36 Years, Resident Of 6-C-34, Jai Narain Vyas Colony, Near J.n.v. Telephone Exchange, Bikaner.

2. Mamta Sharma D/o Shri Jagdish Prasad,, Aged About 28 Years, Resident Of Ward No. 11, Dorgri, Rasili, Jaipur.

3. Omendra Kumar S/o Shri Charan Lal,, Aged About 30 Years, Resident Of Bhaton Ka Baj, Khariya Road, Kuchaman City, District Nagaur.

4. Rakesh Kumar Meena S/o Shri Gopal Lal Meena,, Aged About 29 Years, Resident Of Biharipura, Sanwali, District Jaipur.

5. Vipna Bhaiya D/o Shri Jethmal Bhaiya,, Aged About 29 Years, Resident Of Nokhara, Tehsil Kolayat, District Bikaner.

6. Chander Shekhar Meena S/o Shri Sitaram Meena,, Aged About 34 Years, Resident Of 192/84, Rajeev Puri, Golimaar Garden, Amer Road, Jaipur.

7. Achal Dave S/o Shri Suresh Kumar Dave,, Aged About 25 Years, Resident Of Amm Chohta, Mazal, Tehsil Siwana, District Barmer.

8. Subodha Kumar S/o Shri Vijendra Singh,, Aged About 33 Years, Resident Of New Civil Lines, Bharatpur.

----Petitioners Versus

1. State Of Rajasthan, Through The Principal Secretary, Department Of Personnel And Administrative Reforms, Government Of Rajasthan, Secretariat, Jaipur.

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

----Respondents

For Petitioner(s) : Mr. Kunal Bishnoi Mr. Mukesh Vyas Mr. Pradeep Sharma

For Respondent(s) : Mr. Tarun Joshi (through VC) Mr. Khet Singh Rajpurohit & Mr. Vikram Singh.

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             HON'BLE MR. JUSTICE ARUN BHANSALI

                                     Order

16/03/2022

     These    petitions    (CWP        Nos.16660/2021,           17170/2021    &

743/2022) came up before the Court on 05.03.2022, after hearing

the parties, following order was passed :-

"05/03/2022 Learned counsel for the RPSC submits that all the questions qua which the objections have been raised in the present petitions, have been discussed by a Coordinate Bench of this Court in Ankit Sharma vs. RPSC: SBCWP No.13968/2021, decided on 22.02.2022 at Jaipur Bench, except question No.117. It is further submitted that in RPSC vs. Ankit Sharma & Ors.: D.B. Special Appeal Writ No.429/2022, the judgment of the learned Single Judge has been stayed. In view of the above fact situation, list these petitions after six weeks."

On 15.03.2022, SBCWP No.2706/2022 was listed before the

Court, when learned counsel appearing for the respondent - RPSC

submitted that the said petition alongwith SBCWP

Nos.16660/2021, 17170/2021 & 743/2022 be listed tomorrow i.e.

16.03.2022, awaiting instructions.

Learned counsel for the petitioners today made submissions

that in Special Leave Petitions arising from the order dated

23.02.2022 passed in DBSAW Nos.429/2022 & 430/2022 passed

by the Bench at Jaipur, though the Hon'ble Supreme Court has

declined interference in the orders passed by the Division Bench,

on a submission made by learned Senior counsel appearing for the

RPSC, the Court has passed orders, wherein the petitioners, who

had filed petitions at Jaipur Bench, were permitted to sit in the

main examination scheduled to take place on 20.03.2022 &

21.03.2022 subject to the safeguards as directed by the Hon'ble

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Supreme Court and therefore, similar indulgence be granted to the

petitioners in the present petitions also.

Learned counsel Mr. Tarun Joshi appearing for the RPSC was

directed to complete his instructions as before the Hon'ble

Supreme Court, the learned Senior Counsel representing the RPSC

had made submission permitting participation of the candidates in

the mains examination.

Learned counsel Mr. Tarun Joshi, on instructions, submits

that the RPSC would permit the petitioners herein (16 in number)

also in the mains examination scheduled to take place on

20.03.2022 & 21.03.2022 subject to the safeguards as directed by

the Hon'ble Supreme Court and that the admit cards of the

petitioners would be uploaded today itself by the RPSC.

The Hon'ble Supreme Court on 14.03.2022 in Special Leave

Petitions (supra) has ordered as under :-

"The Mains examinations are admittedly to take place on 20th and 21st March, 2022. Dr. A. M. Singhvi and Mr. V. Giri, learned senior counsel, would, however, submit that the 243 persons before the learned Single Judge in the High Court including the petitioners before this Court can be permitted to participate in the main examination subject to certain safeguards.

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 21st 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."

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Consequently, the respondent - RPSC may permit the

petitioners (16 in numbers) to appear in the mains examination

scheduled to take place on 20.03.2022 & 21.03.2022, which will

remain subject to the result of the appeals pending adjudication

before the Division Bench at Jaipur. The result of the petitioners

shall be kept in sealed cover and further decision will abide by the

result of the appeals before the Division Bench.