Citation : 2023 Latest Caselaw 7796 Raj
Judgement Date : 3 October, 2023
[2023:RJ-JD:32203-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 7631/2023
Rajat Gehlot S/o Shri Gyan Singh Gehlot, Aged About 25 Years, 69, Rajendra Nagar, Pali, District Pali, Rajasthan.
----Petitioner Versus
1. Rajasthan High Court, Jodhpur, Through The Registrar General, Jodhpur, Rajasthan.
2. The Registrar (Exam), Rajasthan High Court, Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Manvendra Bhati For Respondent(s) : Mr. Aniket Tater
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Judgment / Order
03/10/2023
Learned counsels for the parties are an agreement that the
controversy involved in this writ petition is squarely covered by
the decision of Division Bench of this Court at Jaipur Bench passed
in DB Civil Writ Petition No.7654/2023 (Rajat Yadav vs. Rajasthan
High Court & Ors.) and other connected writ petitions decided on
18.09.2023. The Division Bench of this Court at Jaipur Bench has
disposed of above-referred writ petition along with other
connected matters with the following directions :-
"9.29 Consequently, all these petitions are disposed off with following directions:
(A) Respondents shall undertake an exercise of revision of category wise list by including in the
[2023:RJ-JD:32203-DB] (2 of 3) [CW-7631/2023]
Open/General category list, those candidates of reserve category, who have secured more marks in the written examination provided they have not taken or availed of any special benefit which may dis-entitle them from being considered against Open/General category post.
(B) After drawing the Open/General category list, the list of respective reserve category shall be drawn up.
(C) If, as a result of aforesaid exercise, it is found that the petitioners herein have been accommodated either in the Open/General category list or there respective reserve category list then:
(i) If they have already been allowed to provisionally appear in the Typewriting Test on Computer, subject to they having secured minimum qualifying marks in Typewriting Test, their aggregate marks obtained in the written examination and Typewriting Test shall be drawn up.
(ii) Those, who have not been allowed to provisionally appear in the Typewriting Test, they will be entitled to appear in the Typewriting Test and for this purpose, the respondents shall hold Typewriting Test on Computer for such candidates, subject to they having obtained minimum qualifying marks in the Typewriting Test, their aggregate marks obtained in written examination and Typewriting Test shall also be drawn up.
(D) The merit list in the Open/General category and the respective reserve category shall be re-worked. If the petitioners herein are included either in the Open/General category list on the basis of their merit, they shall be offered appointment against posts in General/Open category, subject to the condition that they are fulfilling all other requirements. Similarly, those petitioners, who have been able to secure a place in the merit list of their respective reserve category would be offered appointment against posts in their respective reserved category, subject to fulfilling all other conditions.
(E) It goes without saying that while undertaking revision of the list, provisions contained in (i) to (v) under Section B of Clause 15 of the advertisement shall have to be followed.
[2023:RJ-JD:32203-DB] (3 of 3) [CW-7631/2023]
(F) If no vacant posts are available, less meritorious candidates, who have been appointed in Open category or reserve category, as the case may be, are required to be terminated.
9.30 Aforesaid directions are being issued as the appointments were not made till the date of conclusion of hearing."
In view of the submissions made by the learned counsels for
the parties, this writ petition is disposed of in terms of the
judgment passed by the Division bench of this Court at Jaipur
Bench in DB Civil Writ Petition No.7564/2023 (Rajat Yadav vs.
Rajasthan High Court & Ors.) and other connected writ petitions
decided on 18.09.2023.
(YOGENDRA KUMAR PUROHIT),J (VIJAY BISHNOI),J
48 -ms rathore
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