Suresh Kumar Meghwal vs State Of Rajasthan ...
2023 Latest Caselaw 1224 Raj

[2023/RJJD/003649]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 19421/2022

Suresh Kumar Meghwal S/o Megh Raj Meghwal, Aged About 40 Years, R/o Itali Khera, Tehsil Salumber, District Udaipur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur.

2. State Of Rajasthan, Through Secretary, Department Of Panchayati Raj, Government Of Rajasthan, Secretariat, Jaipur.

3. Rajasthan Staff Selection Board, Jaipur, Through Its Chairman Premises Of State Agriculture Management Institute Durgapura, Jaipur, Rajasthan.

4. The Director, Rajasthan Secondary Board Of Education, Ajmer.

5. The Secretary, Rajasthan Secondary Board Of Education, Ajmer.

6. The Director Of Elementary Education, Bikaner.

----Respondents

For Petitioner(s) : Mr. Tanwar Singh Rathore For Respondent(s) : Mr. Vinit Sanadhya

JUSTICE DINESH MEHTA

Order

02/02/2023

1. The petitioner having secured 82.45 marks (54.96%) after

normalisation, has approached this Court with the grievance that

the respondent - Rajasthan Staff Selection Board (hereinafter

referred to as "Selection Board") has not rounded his marks, for

which he has remained out of the race in the process of

recruitment to the post of Teacher Grade - III, Level - I and II

[2023/RJJD/003649] (2 of 4) [CW-19421/2022]

pursuant to recruitment notification/advertisement dated

14.12.2022.

2. Learned counsel for the petitioner submitted that the

minimum marks required for a SC candidate is 55% (82.50),

where as the petitioner could secured 82.45 marks and thus, he is

entitled to be considered for the post of Teacher Grade - III, Level

- I and II.

3. Having heard learned counsel for the petitioner, this Court is

of the considered view that the petitioner's contention lacks merit.

The petitioner having secured 82.45 or 54.96% has prayed that

his percentage be rounded to 55% so as to bring him above the

bar which has been set for recruitment of Teacher Grade - III,

Level - I and II.

4. This Court vide judgment dated 23.01.2023, rendered in the

case of Ritesh Gamot Vs. State of Rajasthan & Ors. : S.B. Civil

Writ Petition No.962/2023, has rejected the contentions of

similarly situated petitioner while observing thus:-

"10. Heard learned counsel for the parties and perused the material available on record.

11. There is no gainsaying the fact that the petitioner had secured 89.34 marks and if converted to percentage it is 59.56%. A perusal of the condition of the advertisement clearly shows that a candidate to be eligible to appear for Teacher Grade-III (Level-2) must secure minimum of 60% marks, as has been decided by the State Government per-viam order dated 16.12.2020.

12. Apart from the fact that the Board of Secondary Education itself has found the petitioner to be ineligible for the post of Teacher Grade-III (Level-

[2023/RJJD/003649] (3 of 4) [CW-19421/2022]

2), it is to be noted that the requirement is "minimum 60%". If the lower ceiling is given, any point or degree less than such lower cap renders a candidate ineligible. The marks obtained by a candidate can neither be rounded off nor can unwarranted indulgence be given to a candidate especially in the present era of cut throat competition for jobs.

13. This Court is not much convinced with the argument of Mr. Singh that the marks are required to be rounded off to the nearest whole figure. The Court cannot have misplaced sympathy in the name of equitable jurisdiction.

14. The Division Bench's judgment cited by Mr. Sanadhya squarely covers the controversy against the petitioner

15. So far as judgment of Hon'ble the Supreme Court in the case of State of Uttar Pradesh & Anr. Vs. Pawan Kumar & Ors. (supra) is concerned, the same is clearly distinguishable on the facts. In said case, rounding off was permitted by the Supreme Court in view of the fact that the number of persons/posts were to be calculated. Obviously, when it comes to calculating number of persons or posts, the same has to be rounded off because, a human being or post cannot be reckoned in decimal/ fraction value.

16. In view of the discussion forgoing, this Court does not find any substance and merit in petitioner's contention and regardless of the fact that Jaipur Bench of this Court in Avani Sharma Vs. State of Rajasthan (D.B. Civil Writ Petition No.19527/2022) has passed the following interim order:

"Learned counsel for petitioners states that petitioners have secured 88 marks in REET- 2022 (Level II) which is equal to 59.56%, on

[2023/RJJD/003649] (4 of 4) [CW-19421/2022]

rounding off the same, it becomes 60% and therefore, petitioner deserves to qualify REET- 2022(Level II) and becomes eligible to participate in the selection process of Teacher(Level-II). The counsel has placed reliance on the order dated 03.11.2022 passed by Calcutta High Court wherein candidates who obtained 82 marks were treated as having passed by rounding of their percentage to 55%. Heard. Issue notice. In the meanwhile, petitioner may be permitted to submit application form for the post of Teacher Grade II pursuant to advertisement dated 14.12.2022 treating her percentage in REET-2022 as 60%."

17. This Court is not persuaded to follow the interim order passed by the Jaipur Bench, as the basic question itself stands decided as hereinabove.

18. The petition, therefore, fails.

19. Stay application also stands disposed of."

5. In view of the adjudication made in Ritesh Gamot (supra)

the present writ petition is dismissed.

6. Stay petition also stands dismissed accordingly.

(DINESH MEHTA),J 112-Ramesh/-

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