Devvrat Samadiya S/O Radha Mohan ... vs Rajasthan High Court ...
2023 Latest Caselaw 5280 Raj/2

[2023:RJ-JP:25119-DB]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 D.B. Civil Writ Petition No. 8747/2023

1.       Devvrat Samadiya S/o Radha Mohan Samadiya, Aged
         About 29 Years, R/o Majistrate Qtr, Amrit Puri Colony,
         Hindaun, Karauli, Rajasthan
2.       Dinesh Jeswani C/o Tek Chand Jeswani, Aged About 38
         Years, R/o Plot No. 35, Old Garba Ground, Shashtri Nagar,
         Vijay Vihar Colony, Gulabpura, Bhilwara, Rajasthan
3.       Vipin Sharma S/o Radhey Shyam Sharma, Aged About 33
         Years, R/o P No. 22, Nehru Nagar, Bharatpur, Rajasthan
4.       Mayank Sharma S/o Krishan Kumar, Aged About 29 Years,
         R/o Kayasthpura, Dholpur, Rajasthan
5.       Abhiraj Singh S/o Vijay Singh, Aged About 22 Years, R/o
         Anop Singh Nagr, Meriya, Tehsil Sekhala, District Jodhpur,
         Rajasthan
                                                                      ----Petitioners
                                       Versus
1.       Rajasthan High Court, Through Its Registrar (General),
         Rajasthan High Court, Principal Seat Jodhpur, Rajasthan.
2.       The   Registrar       (Examination),           Rajasthan      High   Court,
         Principal Seat Jodhpur, Rajasthan.
                                                                    ----Respondents

Connected With D.B. Civil Writ Petition No. 8750/2023

1. Piyush Gurjar S/o Gopal Gurjar, Aged About 21 Years, R/o B-19, Vyas Colony, Shashtri Nagar, Jaipur, Rajasthan

2. Ganesh Lal Paliwal S/o Laxmi Lal Paliwal, Aged About 34 Years, R/o Jal Chakki, Kankroli, Rajasamand, Rajasthan

3. Neeraj Kumar Sain S/o Kailash Chand Sain, Aged About 26 Years, R/o Ganesh Nagar B, Nepali Makan Ke Piche, Mantown, Sawai Madhopur, Rajasthan

----Petitioners Versus

1. Rajasthan High Court, Through Its Registrar (General), Rajasthan High Court, Principal Seat Jodhpur, Rajasthan.

2. The Registrar (Examination), Rajasthan High Court,

[2023:RJ-JP:25119-DB] (2 of 4) [CW-8747/2023]

Principal Seat Jodhpur, Rajasthan.

----Respondents

For Petitioner(s) : Ms. Almas Khanan, Advocate with Ms. Neha Godara, Advocate for Mr. Shivatma Kumar Tank, Advocate For Respondent(s) : Mr. Ashish Sharma, Advocate

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Judgment / Order

26/09/2023

1. Mr. Ashish Shrama, learned counsel, on advance copy, has

entered appearance on behalf of the respondents.

2. Heard.

3. Petitioners, by way of these writ petitions, 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:

[2023:RJ-JP:25119-DB] (3 of 4) [CW-8747/2023]

"(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 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

[2023:RJ-JP:25119-DB] (4 of 4) [CW-8747/2023]

(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 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

these writ petitions also raises identical issue.

6. These writ petitions are, 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 /475-476

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