Ashvini Kumar vs State Of Rajasthan
2022 Latest Caselaw 12344 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 14758/2018

Ashvini Kumar S/o Shri Bhupat Lal, aged about 36 years, by caste-Shrimali Brahmin, resident of Hadecha, Tehsil Chitalwana, Jalore (Raj).

---Petitioner Versus

1. The State Of Rajasthan, Through the Principal Secretary, Local Self Department, G-3 Raj Mahal Residency Aream Near Civil Line Fatak, C-Scheme, Jaipur (Raj).

2. The Secretary, Rajasthan Municipalities (Administrative And Technical) And (Subordinate And Ministerial), Service Selection Commission, G-3 Raj Mahal Residency Aream Near Civil Line Fatak, C-Scheme, Jaipur (Raj).

For Petitioner(s) : Ms. Pratishtha Dave Mr. Rameshwar Dave For Respondent(s) : Mr. Kunal Upadhyay for Mr. Sunil Beniwal, AAG Mr. Devam Jain for Mr. Rajesh Parihar, AGC

HON'BLE MR. JUSTICE KULDEEP MATHUR Order

17/10/2022

By way of filing present writ petition, the petitioner has

prayed for following reliefs:-

"It is, therefore, prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:

i) The respondents may kindly directed to give the appointment to the petitioner on the post of Sanitary Inspector Grade IInd pursuant to the Direct Recruitment Examination, 2015 with notional benefits from the date of joining of other similar situated less meritorious persons of his category.

ii) Any other appropriate writ, order or direction which this Hon'ble Court considers just and proper in the facts and

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circumstances of the present case, may kindly be passed in favour of the petitioner"

This Court in a batch of writ petitions led by Vipin Dewal

vs. State of Rajasthan & Ors. (S.B. C.W. No.8066/2019),

held as under:

"Indisputably, the educational qualification of graduation prescribed for the post of Sanitary Inspector Grade-II in the advertisement dated 30.05.2012 was subject matter of challenge before this Court in the case of Kailash Chand Meena (supra). A coordinate Bench vide order dated 10.10.2017, declared the qualification of graduation prescribed in the advertisement dated 30.12.2015 not to be in conformity with the Rules of 1963 and accordingly directed respondents to consider the candidature of the candidates having matriculation or its equivalent qualification (Trained) for direct recruitment to the advertised post. It is also not in dispute that the result of the written examination conducted by the Selection Board for the advertised post was declared on 24.06.2018. The effect of the judgment dated 10.10.2017 passed in the case of Kailash Chand Meena (supra) was thus that the minimum qualification prescribed for the advertised post came to be treated as matriculation or its equivalent qualification (Trained), instead of graduation as had been prescribed in the advertisement dated 30.12.2015. The other conditions stipulated in the advertisement dated 30.12.2015 however remained the same.

The natural consequence which entailed was that a candidate undergoing course/examination of the qualification prescribed for the advertised post was eligible to appear in the written examination conducted by the Selection Board. The only rider attached to the said condition was that the candidate must submit proof of having acquired the requisite educational qualification on or before the date on which the result of the written examination was declared. Admittedly, the result of the written examination was declared on 24.06.2018 and the petitioners had acquired the Sanitary Inspectors' Diploma prior to the said date.

The Hon'ble Supreme Court in the cases of Ashok Kumar Sonkar (supra) and Dr. M.V. Nair (supra) held that the cut off date by reference to which eligibility requirements must be satisfied by the candidate seeking a public employment is the date appointed by the relevant service rules and if no cut off date is appointed by the rules, then the date prescribed in the advertisement inviting applications is to be treated as cut off date and if there is no date appointed in the advertisements, then the

(3 of 3) [CW-14578/2018]

eligibility shall be considered with reference to the last date for submission of application forms.

This Court has noticed that in the advertisement dated 30.12.2015, in the note appended to Clause 5, a clear stipulation has been made that candidates must possess the requisite eligibility for the advertised post on or before the date on which the result of the written examination is declared by the Selection Board. Since, the petitioners possessed Sanitary Inspectors' Diploma on or before the date of declaration of result of written examination conducted by the Selection Board i.e. 24.06.2018, this Court has no hesitation in concluding that the petitioners do not suffer from any ineligibility to hold the post of Sanitary Inspector Grade-II."

In view of aforesaid, the denial of appointment to the

petitioner on the post of Sanitary Inspector Grade-II on the ground

that he was not possessing Sanitary Inspectors' Diploma on the

last date of submission of the application form is declared illegal

and arbitrary.

In the result, the writ petition stands allowed. The

respondents are directed to consider the candidature of the petitioner

for appointment on the post of Sanitary Inspector Grade-II. In case, the

petitioner has got higher percentile than the cut off as indicated in the

cutoff dated 14.09.2018, he shall be provided appointment from the

date, persons lower in merit to him had been appointed along with all

consequential benefits viz. pay fixation, seniority etc. It is however

made clear that the petitioner's pay shall be fixed notionally without

actual payment till his joining on the post of Sanitary Inspector Grade-

II.

The entire exercise indicated herein above shall be completed

within two months from the date of this order.

No order as to costs.

(KULDEEP MATHUR),J KshamaD/-

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