Ajit Singh vs State Of Rajasthan ...
2023 Latest Caselaw 5921 Raj

[2023:RJ-JD:25740]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6906/2019

Ajit Singh S/o Shri Man Singh, Aged About 25 Years, R/o Village Madiya Lalita, Tehsil Weri, District Pratapgarh, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Home Affairs, Secretariate, Jaipur.

2. The Director General Of Police, Jaipur, Rajasthan, Jaipur.

3. Superintendent Of Police, Udaipur, District Udaipur, Rajasthan.

                                                   ----Respondents


For Petitioner(s)          :    Mr. Dinesh Godara
For Respondent(s)          :    Mr. Gaurav Ranka for
                                Ms. Vandana Bhansali


                     JUSTICE DINESH MEHTA
                                     Order
16/08/2023

1. By way of the present petition, the petitioner has claimed

that he be accorded appointment as the candidate-Anand Jaiswal

who was selected as first candidate in OBC category has refused

to join and as such one post is still lying vacant.

2. A reply to the writ petition has been filed inter alia indicating

that the petitioner cannot be accorded appointment as he has

failed to get minimum 40% marks in the written examination.

3. Mr. Gaurav Ranka, learned counsel for the respondents in

support of his argument invited Court's attention towards the

order dated 26.11.2019 passed by this Court in the case of Om

Prakash Bajya Vs. State & Ors.; S.B. Civil Writ Petition

No.12790/2019 which has been affirmed by the Division Bench

of this Court vide its judgment dated 04.11.2020.

4. In rejoinder, Mr. Godara, learned counsel for the petitioner

argued that the stand as has been taken by the respondent-State,

[2023:RJ-JD:25740] (2 of 2) [CW-6906/2019]

that the petitioner has failed to secure minimum 40% marks in

the written examination is incorrect, inasmuch as no written test

was held for the candidates who appeared for the post of

Constable (Band).

5. The reply to the writ petition was filed way back on

06.03.2020 in which it was clearly stated that the petitioner has

failed to secure 40% marks in the written examination. It is

further to be noted that in the case of similarly situated candidate

namely Om Prakash Bajya, this Court so also the Division Bench

had observed that the said candidate has failed to secure

minimum 40% marks in the written examination and coupled with

the fact that the Division Bench has noted that the State's stand

that the appellant had failed to secure minimum passing marks in

the written examination has remained uncontroverted, the present

petitioner has not controverted the stand of the respondent-State

by way of filing rejoinder or counter affidavit.

6. The petitioner's oral submission that a candidate appearing

for Constable (Band) was not required to appear in written

examination and secure 40% marks is not supported by the

pleadings made in the memo of writ petition.

7. In view of the aforesaid and the adjudication made by this

Court and the Division Bench in the case of Om Prakash Bajya

(supra), the present writ petition is dismissed.

8. Stay application stands disposed of.

(DINESH MEHTA),J 55-AbhishekS/-

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