Swaroop Kanwar Sisodiya vs State Of Rajasthan
2022 Latest Caselaw 6467 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN

JODHPUR

S.B. Civil Writ Petition No. 5113/2022

Swaroop Kanwar Sisodiya & Ors.

----Petitioners Versus State of Rajasthan & Ors.

----Respondents

For Petitioner(s) : Dr. Nikhil Dungawat. For Respondent(s) : Mr. Anil Kumar Gaur, AAG.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

04/05/2022

Learned Additional Advocate General submits that the issue

sought to be raised in the petition in respect of engagement

through the placement agency stands covered by decision of this

Court in Rohitash Verma & Ors. vs. State of Rajasthan & Ors. :

S.B.C.W.P. No.3540/2020 decided on 24.11.2021 at Jaipur Bench,

which judgment has been upheld by the Division Bench in Rakesh

Kumar & Ors. vs. State of Rajasthan & Ors. : D.B.S.A.W.

No.1040/2021 decided on 20.12.2021.

Learned counsel for the petitioners made submissions that

even if the engagement has to be through the placement agency,

the placement agency cannot be left to act as per its choice,

inasmuch as once the respondents themselves have required the

placement agency to give preference to the experienced

candidates, to be made available, which aspect has been violated;

and that the placement agency was seeking payment of illegal

(2 of 2) [CW-5113/2022]

gratification, which aspect now stands established from the fact

that officers of the respondent State and the placement agency

have been caught red handed, the State cannot shirk from its

responsibility in ensuring that the candidates are made available

to the State in accordance with the terms of the engagement.

Learned Additional Advocate General prays for time to

respond to the said aspect/make submissions regarding the aspect

as to what steps have been taken by the State after the

placement agency has been found involved in illegal

activities/contrary to the terms of the contract.

List the petition on 18.05.2022.

(ARUN BHANSALI),J 67-DJ/-

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