Shobha Barbar D/O Shri Bhagvat Ram ... vs The State Of Rajasthan ...
2024 Latest Caselaw 1098 Raj/2

Rajasthan High Court

Shobha Barbar D/O Shri Bhagvat Ram ... vs The State Of Rajasthan ... on 13 February, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

[2024:RJ-JP:7300]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                     S.B. Civil Writ Petition No. 313/2024

Shobha Barbar D/o Shri Bhagvat Ram Barbar, Aged About 32
Years,     Resident          Of       Vpo     Baler       Tehsil        Khandar   District
Sawaimadhopur.
                                                                            ----Petitioner
                                            Versus
1.       The        State      Of     Rajasthan,          Through         Its   Secretary,
         Department Of Home, Govt. Of Rajasthan, Secretariat,
         Jaipur.
2.       The Director General Of Police, Police Headquarter, Jaipur.
3.       Inspector          General         Of     Police      (Recruitment),       Police
         Headquarter, Lalkothi Jaipur.
4.       Rajasthan          Public      Service        Commission,          Through    Its
         Secretary, Ajmer.
                                                                         ----Respondents

For Petitioner(s) : Mr. Neeraj Kumar Sharma For Respondent(s) : Mr. M F Baig

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

13/02/2024

Counsel for the petitioner fairly submits that the issue raised in the present writ petition, has been set at rest by the Co- ordinate Bench of this Court in the case of "Shankar Lal S/o Shri Bhoma Ram Vs. State of Rajasthan & Ors.; S.B. Civil Writ Petition No.2678/2023" decided on 10.02.2023.

The Co-ordinate Bench of this Court in the case of "Shankar Lal S/o Shri Bhoma Ram (supra) has observed as under:

"5. The Hon'ble Apex Court in case of State of Uttar Pradesh & Ors. Vs. Atul Kumar Dwivedi & Ors. [AIR 2022 SC 973],

[2024:RJ-JP:7300] (2 of 2) [CW-313/2024]

wherein the relevant para 53 is extracted hereunder:-

"53. In conclusion, the exercise undertaken by the Board and adopting the process of normalization at the initial stage, that is to say, at the level of Rule 15(b) of Recruitment Rules was quite consistent with the requirements of law. The power exercised by the Board was well within its jurisdiction and as emphasized by the High Court there were no allegations of mala fides or absence of bona fide at any juncture of the process. One more facet of the matter is the note of caution expressed by this Court in para graph 20 of its decision in Sunil Kumar and Ors. Vs. Bihar Public Service Commission & Ors. (2016)) 2 SCC 495 [LQ/SC/2015/1413]. As observed by this Court, the decisions made by the expert bodies, including the Public Service Commissions, should not be lightly interfered with, unless instances of arbitrary and mala fide exercise of power are made out."

6. Petitioner has not make out a case of challenge the normalization process and since petitioner has not been shortlisted for interview, being disqualified on merits, challenge to the normalization process after participation in the recruitment process is not sustainable in the eye of law. The writ petition is without force, devoid of merits and same is hereby dismissed."

In view of the above, the present writ petition is dismissed. Since, the main petition has been dismissed, stay application and other pending application(s), if any, also stand disposed of.

(GANESH RAM MEENA),J

Seema/21

Powered by TCPDF (www.tcpdf.org)