Gunjan Joshi vs State Of Raj. (2023/Rjjd/010187)
2023 Latest Caselaw 3125 Raj

[2023/RJJD/010187]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 543/2020

Gunjan Joshi D/o Narendra Joshi, Aged About 29 Years, A-34, Mahi Sarovar Nagar, Banswara, District Banswara, Rajasthan.

----Petitioner Versus

1. State Of Raj., Through The Secretary, Department Of Information Technology And Communication, Government Of Rajasthan, Secretariat, Jaipur.

2. The Chairman, Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, Rajasthan.

3. The Secretary, Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Mohan Singh Shekhawat For Respondent(s) : Mr. Manvendra Krishan Singh Bha

JUSTICE DINESH MEHTA

Order

17/04/2023

1. The petitioner had approached this Court with a grievance

that her candidature has been rejected on the ground that she

had produced her domicile certificate issued in the State of

Madhya Pradesh.

2. Considering petitioner's contention that the petitioner is a

women married to a TSP candidate and her case is covered by the

judgment of Twarita Gehlot Vs. State of Rajasthan & Ors. in

S.B.C.W.P. No.15540/2017 decided on 14.12.2017, an interim

order was passed on 20.01.2020 in petitioner's favour.

3. Mr. Manvendra Singh, learned counsel appearing on behalf of

the respondent- Rajasthan Subordinate And Ministerial Service

[2023/RJJD/010187] (2 of 2) [CW-543/2020]

Selection Board at the outset submitted that petitioner's

candidature had been rejected on two counts- (i) that she did not

have bona-fide domicile certificate from TSP area of Rajasthan and

(ii) the certificate which she had produced for considering her

candidature under sports category does not conform to the

condition of the advertisement.

4. He submitted that the second ground of rejection is duly

reflected in the table given at page No.70 so also reply filed by the

respondents.

5. It was also submitted that petitioner has failed to secure

marks equal or more than the cut off of her category (General

Female TSP).

6. In view of the specific stand taken by the respondents, even

if petitioner's first ground of rejection is set aside, her candidature

under the sports category has to be rejected as she has not

secured 1st position in any State Level tournament. That apart,

considering that the petitioner has failed to secure marks more

than the cut off of her category, there is no merit and substance in

the present petition.

7. The present writ petition is, therefore, dismissed.

8. The interim order passed on 20.01.2020 is hereby vacated.

9. The stay petition also stands disposed of accordingly.

(DINESH MEHTA),J 43-pooja/-

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