Shweta D/O Sh. Dalbir vs The State Of Rajasthan
2022 Latest Caselaw 3661 Raj/2

Citation : 2022 Latest Caselaw 3661 Raj/2
Judgement Date : 10 May, 2022

Rajasthan High Court

Shweta D/O Sh. Dalbir 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. 1907/2022
Shweta D/o Sh. Dalbir, Aged About 22 Years, R/o Shiv Colony,
Near Dalamwala Hotel, Jind, Presently Residing At ,177-Income
Tax Colony, Near Jyoti Nagar, Jaipur.
                                                                   ----Petitioner
                                   Versus
1.     The State Of Rajasthan, Through Director General Of
       Police, Police Headquarters Lalkothi, Jaipur-302015.
2.     Chairman, Recruitment And Promotion Board, Rajasthan
       Police, Phq, Lal Kothi, Jaipur-302015.
3.     Rekha Chaudhary D/o Shankar Dantel, R/o Dantelon Kee
       Dhani, Kishorepura Mod, Hatoj, Jaipur-12.
                                                                ----Respondents

For Petitioner(s) : Mr. Vikram Singh Nain For Respondent(s) : Mr. Rupin Kala, GC.

Mr. Vishwajeet Mantri.

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, respectfully prayed that this Hon'ble Court may graciously be pleased to call for the entire record, examine the same and accept this writ petition by issuing :-

(I) an appropriate writ, order or direction; the complete record of the recruitment process may be called for and looking into the same the respondent authorities may kindly be directed to include the name of the petitioner in the select list as Handball player considering her Gold Medal in the senior National Championship game (Ann.-

1). Further the petitioner may kindly be declared as selected for the post, as per the priority mentioned in her application form, with all the consequences.

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(ii) an appropriate writ, order or direction; the respondent authorities may kindly be directed to disclose the scores of the selected candidates for their games certificate and the trial separately so that the recruitment process may be made transparent and reliable.

(iii) any other appropriate writ, order or direction which the Hon'ble Court deems fit in the facts and circumstances of the present case may also be passed in favour of the petitioner including cost of the writ petition."

2. Counsel for the petitioner submits that the respondents have

in an arbitrary manner declared failed the petitioner at the stage

of trial.

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 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

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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 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."

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5. Counsel further submits that the petitioner has obtained

13.67 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.