Rajasthan High Court - Jodhpur
Vagata Ram vs State Of Rajasthan on 10 January, 2023
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 19102/2022
Vagata Ram S/o Pokar Ram, Aged About 41 Years, R/o Mahadev
Ji Ka Mohalla, Village Juna Post Sadri, Tehsil Desuri, District Pali
(Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Rural Development And Panchayati Raj
(Panchayati Raj), Government Of Rajasthan, Jaipur,
Rajasthan.
2. Additional Commissioner, Rural Development And
Panchayati Raj Department, Government Of Rajasthan,
Jaipur.
3. Chief Executive Officer, Zila Parishad Alwar, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pawan Singh Rathore
For Respondent(s) : Mr. Sunil Beniwal, AAG assisted by
Mr. Kunal Upadhyay
JUSTICE DINESH MEHTA
Order
10/01/2023
1. The petitioner failed to appear for documents verification,
when the list of eligible candidates was published in the year
2013. When the selection process was re-convened, the
respondents did not publish the petitioner's name in the list of
eligible candidates citing that he has remained absent at the
earlier occasion.
2. Learned counsel for the petitioner submits that the issue
involved in the present petition is squarely covered by the
judgment of a coordinate Bench of this Court in the case of
(2 of 3) [CW-19102/2022]
Hemraj vs. State of Rajasthan & Ors. (S. B. Civil Writ
Petition No. 15629/2022) decided on 19.10.2022.
3. Mr. Beniwal, learned AAG appearing for the respondents-
State is not in a position to dispute aforesaid position of facts and
law.
4. In the case of Hemraj (supra), this Court has observed
thus :-
"In view of the above discussion, the
petitions filed by the petitioners are allowed.
The respondents - State is directed to permit
the petitioners to participate in the document
verification pursuant to the exercise initiated
in terms of Circular dated 07.09.2022 at the
respective Zila Parishads, in case, their names
have appeared in the merit list and they have
obtained marks more than the cut-off of the
candidates, who have now been called for
document verification.
Further, in view of the fact that several
other candidates, similarly placed to the
petitioners, who could not/did not appear
during the course of document verification at
earlier stages and have obtained marks more
than the cut-off of the candidates, who have
been called for document verification now by
the respondents pursuant to Circular dated
07.09.2022 and have raised objections in this
regard with the respondents, with a view to
obviate the requirement of similarly placed
candidates to approach this Court for similar
relief and to ensure that the recruitment,
which is even otherwise delayed by about 10
years, now is concluded expeditiously, it
would be required of the respondents to afford
opportunity to such candidates as well to
appear for document verification i.e. those
whose name appeared in the merit list issued
earlier and they could not / did not appear for
document verification and have marks more
than the present cut-off and have raised
objections to the provisional merit list issued
by the respondents. For the said purpose, the
State might issue an advertisement in the
(3 of 3) [CW-19102/2022]
daily newspaper throughout the State
requiring the said candidates to appear for
document verification on a date to be fixed by
the State in this regard."
5. In view of the aforesaid, the present petition is disposed of in
terms of the judgment rendered in the case of Hemraj (supra).
The petitioner shall be permitted to participate in the document
verification in case, seats are still lying vacant in the Zila Parishad
concerned.
6. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J
435-Inder/-
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