Rajasthan High Court
Manisha Yadav D/O Sh. Ram Kishore ... 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. 1748/2022
Manisha Yadav D/o Sh. Ram Kishore Yadav, Aged About 24
Years, R/o 177-Income Tax Colony, Near Jyoti Nagar, Jaipur
(Raj.)
----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. Pooja D/o Virbhan, R/o Shekhpura, Tehsil Ganaur, District
Sonipat, Haryana.
----Respondents
For Petitioner(s) : Mr. Vikram Singh Nain
For Respondent(s) : Mr. Rupin Kala, GC.
Mr. Udit Purohit for respondent No.3.
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
thereto the respondent authorities may
kindly be directed to consider the Asian
Kabaddi Championship certificate (Ann.-1)
of the petitioner for counting of her scores
in the selection process and may please
declare her as selected for the post as per
(2 of 4) [CW-1748/2022]
the priority mentioned in her application
form with all the consequences.
(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. On 28.02.2022 this court passed the following order:-
"Issue fresh notice to respondent No.3 by
ordinary post as well as registered post,
returnable within four weeks.
It is made clear that any appointment
order issued in favour of the respondent
No.3 shall remain subject to final out come
of the writ petition."
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
(3 of 4) [CW-1748/2022]
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
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
(4 of 4) [CW-1748/2022]
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."
5. Counsel further submits that the petitioner has obtained
13.33 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.
7. Hence, this writ petition stands, accordingly dismissed.
(INDERJEET SINGH),J
MG/12
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