Citation : 2023 Latest Caselaw 1634 Raj/2
Judgement Date : 6 February, 2023
[2023/RJJP/001803]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Special Appeal (Writ) No. 60/2023
In
S.B. Civil Writ Petition No.17291/2022
Shanu Kumari Daughter Of Shri Jogender Kumar Siddh, Aged
About 21 Years, Resident Of Plot No. 2/111, Scheme No. 10-B,
Alwar (Rajasthan)
----Appellant
Versus
1. State Of Rajasthan, Through Secretary, Economics And
Statistical Department, Govt. Secretariat, Jaipur.
2. Rajasthan Public Service Commission, Ajmer (Raj.)
Through Its Secretary.
3. Registrar, Raj Rishi Bhartrihari Matsya University, Alwar
(Raj.)
----Respondents
For Appellant(s) : Ms. Jamasi, Advocate
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Judgment / Order
06/02/2023
Heard.
This appeal is preferred against the interim order dated
17.01.2023, by which prayer for stay has been rejected.
Learned counsel for the appellant would submit that for no
fault on the part of the appellant, appellant was ousted from the
process of selection, therefore, the learned Single Judge ought to
have protected the interest of the appellant by directing a post to
be kept vacant.
[2023/RJJP/001803] (2 of 2) [SAW-60/2023]
Since, the appellant has already been allowed to participate
in the process of selection, but has been found ineligible, we are
of the view that the order of the learned Single Judge does not
warrant any interference. It goes without saying that the
appointment will be subject to the final outcome of the petition.
In case, the appellant succeeds, the respondents shall be
liable to appoint the appellant by removing the last selected
candidate.
With the above observations, this appeal is dismissed.
(ANIL KUMAR UPMAN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
Mohita /4
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