Rajasthan High Court

Jagdatar Singh S/O Sardar Singh vs The State Of Rajasthan on 10 May, 2022

Bench: Inderjeet Singh

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 1915/2022

Jagdatar Singh S/o Sardar Singh, Aged About 25 Years, R/o
Ward   No.   10,    Shylawas       Khurd,       Bandikui,       District   Dausa,
Rajasthan.
                                                                   ----Petitioner
                                   Versus
1.     The State Of Rajasthan, Through Its Home Secretary,
       Govt. Of Rajasthan, Secretariat, Rajasthan, Jaipur.
2.     The Director General             Of    Police, Police Headquarter,
       Rajasthan, Jaipur.
3.     The Additional Police Superintendent, (Recruitment And
       Promotion Board), Rajasthan, Jaipur.
                                                                ----Respondents

For Petitioner(s) : Mr. R.P. Saini. For Respondent(s) : Mr. Rupin Kala, GC.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

10/05/2022

1. This writ petition has been filed by the petitioner with the

following prayer:-

"It is therefore, most respectfully prayed that this Hon'ble court may very graciously be pleased to accept and allow this writ petition and further be pleased to:

(i) Issue an appropriate writ order or direction in the nature thereof thereby direct the respondent to give appointment to the petitioner on the post of Sub- Inspector with all consequential benefits, because the petitioner possess the requisite sports critical and medal and also done his trial best rather than the selected candidates.

(ii) Issue an appropriate writ order or direction in the nature thereof thereby the respondents may kindly be directed call the

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videography footage of Vollyball trial and placed the same before this Hon'ble Court, which was held on 13.01.2022 at SMS Stadium, Jaipur.

(iii) Issue an appropriate writ order or direction in the nature thereof thereby, the impugned advertisement dated 25.01.2022 may kindly be declared illegal and be quashed and set aside whereby they oust the petitioner from the selection process illegally.

(iv) Issue an appropriate writ order or direction in the nature thereof thereby, directs the respondents, to consider the National as well All India University Medical of Vollyball of Petitioner.

(v) Issue an appropriate writ order or direction in the nature thereof thereby, the action of the respondents may kindly be declared illegal by which they have illegally debarred the petitoner from the selection process.

(vi) Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner."

2. On 07.03.2022 this court passed the following order:-

"Counsel for the petitioners submits that the issue involved in these writ petitions have been considered by the Co-ordinate Bench of this court at Principal seat, Jodhpur in the matter of 'Maya Vs. State of Rajasthan & Ors.' (S.B. Civil Writ Petition No.2076/2022) wherein on 21.02.2022, the following order was passed:-

"It is submitted by learned counsel for the petitioner that the respondents have issued the list of candidates, who has been called for document verification without indicating any particulars.

Submissions have been made that neither the sports, to which the candidates have been selected, have been indicated nor the marks obtained by the candidates have been disclosed.

Further submissions have been made that the candidates, though residence of other States, have also been selected regarding them also no indication has been made.

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A copy of the writ petition has already been served to Mr. Manish Vyas, AAG, who prays for further time to complete his instructions in the matter.

List the petition on 02.03.2022. On that date, the respondents shall produce the entire material pertaining to the order dated 25.01.2022 (Annex.8) issued by the respondents and the procedure, which has been adopted for the purpose of declaring the said list.

The respondents may go ahead with the document verification, however, they shall not issue the orders of appointment, till the next date."

In that view of the matter, issue notice to the respondents.

Mr. Rupin Kala, Govt. Counsel, accepts notice on behalf of the respondents.

List these matters on 25.04.2022 along with CW No.1470/2022.

Meanwhile, the respondents may go ahead with the document verification, however, they shall not issue the orders of appointment, till next date."

3. Counsel for the respondents submitted that the issue

involved in this writ petition has already been considered and

decided by the Co-ordinate Bench of this court at Principal seat

Jodhpur in the matter of Maya Vs. The State of Rajasthan &

Ors. (S.B. Civil Writ Petition No.2076/2022) where in on

19.04.2022, the following order was passed:-

"This writ petition has been filed by the petitioner aggrieved against the Standing Order No.3/2020 dated 18.01.2020 and the provisional selection list dated 25.01.2022 in relation to recruitment of Sports Person to the post of Sub-Inspector/Platoon Commander.

The petitioner had questioned the reduction of the marks meant for participation in individual or team event in National Games/Senior National Championship/Open National Athletic Championship/National Inter-State Senior Athletic Championship/ Federation Cup National Senior Championship/ National Cross Country

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Championship, from 37 as indicated in the advertisement, as per Standing Order dated 18.01.2020 (Annex.3) to 27.

In response to the writ petition, the respondents have produced the marks obtained by the petitioner and the cutoff in her category, wherein the petitioner has obtained 42.67 marks and the last selected candidate has obtained 63.33 marks. In that view of the matter, even if the plea raised by the petitioner is accepted and the petitioner is awarded ten more marks, then the petitioner cannot make it to the cutoff. In that view of the matter, the petition filed by the petitioner has been rendered infructuous.

Dismissed accordingly."

4. Counsel further relied upon the judgment passed by the Co-

ordinate Bench of this court at Principal seat Jodhpur in the matter

of Shri Vishvaraj Singh Chouhan Vs. The State of Rajasthan

& Ors. (S.B. Civil Writ Petition No.1868/2022) where in on

19.04.2022, the following order was passed:-

"This writ petition has been filed by the petitioner seeking appointment on the post of Sub-Inspector/Platoon Commander pursuant to advertisement dated 28.12.2019 (Annex.1) as Outstanding Sports Person.

Several submissions have been made in the petition including the fact that the respondents, though reserved nine posts for TSP candidates, neither the sports nor the number of posts were declared before hand.

A response to the petition has been filed, inter-alia, indicating that in terms of the advertisement, the candidates were required to undergo trial and were further required to obtain minimum fifteen marks out of thirty for eligibility, however, the petitioner obtained only twelve marks in the trial out of thirty and as such, he couldn't qualify for the post. In view of above fact situation, wherein the petitioner has failed to qualify in the trials, the petition has no substance; leaving it open for the petitioner, to question the action of the respondent

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regarding the issue raised pertaining to the nature of TSP reservation in case any such occasion arises in future, the petition for the present recruitment, is dismissed."

5. Counsel further submits that the petitioner has obtained 14.5

marks in trial while according to condition No.10 of the

advertisement, a candidate is required to secure minimum 15

marks out of 30 marks in the trial.

6. In that view of the matter, since no person less meritorious

to the petitioner has been selected by the respondents, no cause

of action survives.