Rajasthan High Court
Kailash S/O Govind Ram vs Rajasthan High Court, Jodhpur ... on 26 September, 2023
Bench: Manindra Mohan Shrivastava, Praveer Bhatnagar
[2023:RJ-JP:25110-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 12942/2023
1. Kailash S/o Govind Ram, Aged About 32 Years, R/o 451,
LIC Colony, Near Balaji Dairy, Sri Ganganagar, Rajasthan.
(Roll No. 562263).
2. Mohan Lal Sain S/o Madan Lal, Aged About 33 Years, R/o
Plot No. 40, Street No. 02, Ram Dev Colony, Seven E,
Chhoti, Sriganganagar, Rajasthan. (Roll No. 567739).
3. Dinesh Kumar S/o Ram Chander, Aged About 36 Years,
R/o Saraswati Nagar, 01, Near UIT Office, Sriganganagar,
Rajasthan. (Roll No. 889081).
4. Puneet Kumar S/o Nandlal Limba, Aged About 31 Years,
R/o 55, Karamchar Colony, Ward No. 17, Sri Karanpur,
District Sriganganagar, Rajasthan. (Roll No. 885091).
5. Shefali Bhardwaj D/o Vinod Kumar Sharma, Aged About
23 Years, R/o Shree Laxmi Medical Store, Near Police
Station, Thana Mod, Chomu, District Jaipur, Rajasthan.
(Roll No. 773158).
6. Tejpal Kumawat S/o Mahavir Prasad, Aged About 29
Years, R/o Ward No.19, Nawa Raod, Maliyo Ki Dhani,
Dantaramgrah, District Sikar, Rajasthan. (Roll No.
440902).
7. Manish Kumar S/o Omprakash Kumawat, Aged About 23
Years, R/o Ward No.02, Kumawato Ka Mohalla, Raiwasa
District Sikar, Rajasthan. (Roll No. 869347).
8. Madhusudan S/o Shyamsunder, Aged About 23 Years, R/o
Ward No.18, Bus Stand, Ramgarh, Dantaramgrah, District
Sikar. (Roll No. 878106).
----Petitioners
Versus
1. Rajasthan High Court, Jodhpur, Through Registrar
General.
2. The Registrar (Examination), Rajasthan High Court,
Jodhpur.
----Respondents
For Petitioner(s) : Mr. Ram Pratap Saini, Advocate
[2023:RJ-JP:25110-DB] (2 of 4) [CW-12942/2023]
For Respondent(s) : Mr. Shailesh Prakash Sharma,
Advocate
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Judgment / Order
26/09/2023
1. Mr. Shailesh Prakash Sharma, learned counsel, on advance
copy, has entered appearance on behalf of the respondents.
2. Heard.
3. Petitioners, by way of this writ petition, have challenged the
action of the respondents in not including them in Open/General
category list though the marks obtained by them in the written
examination are higher than the cut off marks provided for
Open/General category.
4. Identical issue has already been dealt with by this Court in
the case of Rajat Yadav & Others Vs. Rajasthan High Court,
Jodhpur & Another (D.B. Civil Writ Petition No. 7564/2023
and batch of petitions) and vide order dated 18.09.2023, the
aforesaid writ petitions were disposed off holding that non-
inclusion of reserved category candidates, who have obtained
more marks than Open/General Category candidates in the written
examination are entitled to be considered for inclusion in the merit
list on the basis of merit. In the aforesaid cases, following
directions have been issued:
"(A) Respondents shall undertake an exercise of
revision of category wise list by including in the
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
[2023:RJ-JP:25110-DB] (3 of 4) [CW-12942/2023]
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.
(F) If no vacant posts are available, less
meritorious candidates, who have been appointed
[2023:RJ-JP:25110-DB] (4 of 4) [CW-12942/2023]
in Open category or reserve category, as the case
may be, are required to be terminated."
5. Learned counsel for the respondents could not dispute that
this writ petition also raises identical issue.
6. This writ petition is, therefore, disposed off in terms of order
dated 18.09.2023 passed by this Court in the case of Rajat
Yadav & Others Vs. Rajasthan High Court, Jodhpur &
Another (supra) with the direction that while undertaking the
exercise of reworking of merit list, the petitioners' case shall also
be considered provided that the petitioners have not taken or
availed of any special benefit/relaxation which would otherwise
disentitle them from being included in Open/General category list.
(PRAVEER BHATNAGAR),J (MANINDRA MOHAN SHRIVASTAVA),J
Mohita /30
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