Rajasthan High Court - Jodhpur
State Of Rajasthan vs Jyoti Jangir (2024:Rj-Jd:43955-Db) on 24 October, 2024
Author: Rekha Borana
Bench: Rekha Borana
[2024:RJ-JD:43955-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 1689/2018
State of Rajasthan, through the Principal Secretary, Department
Of Higher Education, Government of Rajasthan, Jaipur
----Appellant
Versus
1. Jyoti Jangir Daughter of Shri Ramchandra Jangir, aged
about 32 Years, Behind Fort, Ward No. 34, District Churu,
Rajasthan
2. Narpat Singh Charan Son of Late Shri Shubhkaran, aged
about 43 Years, Village Narpada, Post Sarat, Via Bagra,
Tehsil and District Jalore
3. Suresh Son of Chutraram, aged about 29 Years, Chochiyo
Ka Bas, Village Salawas, District Jodhpur
4. Sahi Ram Birda Son of Shri Mana Ram, aged about 34
Years, Kasumbi Alipur, Kasumbi, Tehsil Ladnu, District
Nagaur
5. The University Grants Commission, New Delhi, through its
Secretary, Bahadur Shah Zafar Marg, New Delhi
6. The Rajasthan Public Service Commission, Ajmer, through
its Secretary
----Respondents
For Appellant(s) : Mr. Praveen Khandelwal, AAG with
Mr. Piyush Bhandari and
Mr. Sunil Dutt Chavariya
For Respondent(s) : Mr. Rajesh Punia
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MS. JUSTICE REKHA BORANA
Order
24/10/2024
The issue involved in the present appeal is - "Whether
relaxation of 5% marks which was notified on 11 th July 2016 by
virtue of amendment in the UGC Regulations, is applicable to the
subject recruitment which commenced vide advertisement dated
12th January 2015?"
[2024:RJ-JD:43955-DB] (2 of 3) [SAW-1689/2018]
2. Learned counsel for the appellant submits that the issue has
been settled and the impugned judgment dated 28 th November
2017 has already been set aside in one of the appeals arising out
of the same impugned judgment, being D.B. Special Appeal Writ
No.1046/2018 (State of Rajasthan vs. Indu Bala Kumawat &
Ors.).
3. Per contra, learned counsel for the respondents submits that
the judgment in the case of Indu Bala Kumawat (supra) has been
assailed further and Special Leave Petition (Civil) No.30990/2018
(Moola Ram & Ors. vs. The State of Rajasthan & Ors.) along with
other connected matters is pending adjudication before the
Hon'ble Apex Court.
4. In Indu Bala Kumawat (supra), the co-ordinate Bench of this
Court observed and held as under:
"31. In the present case, there is neither any
change in reservation percentage/status nor is there
any change in the process of recruitment. As such, the
respondents-writ petitioners' claim of seeking relaxation
in the eligibility criteria viz. Good academic record by
taking advantages of such clause which is per se
impermissible and untenable, particularly in light of the
authoritative pronouncement of Hon'ble the Supreme
Court referred herein above.
32. Learned Single Judge has held that the
amendment brought by notification dated 11.07.2016 is
applicable to all the colleges of the State of Rajasthan,
essentially being swayed/influenced by the fact that the
condition of the advertisement stipulated that any
amendment in the rule from time to time shall govern
the selection process.
In our considered opinion, the learned Single
Judge has erred in reading/interpreting the contentious
condition of the advertisement dated 12.01.2015
(reproduced in para 15 supra).
The appeal therefore succeeds; the judgment and
order under appeal dated 28.11.2017 is quashed and
set aside; and it is held that relaxation of 5% marks to
the Other Backward Class candidates brought into force
by the amending Regulation of 2016 notified on
11.07.2016, cannot be made applicable to the subject
[2024:RJ-JD:43955-DB] (3 of 3) [SAW-1689/2018]
recruitment, which was initiated vide advertisement
dated 12.01.2015."
5. This Court is of the clear opinion that the impugned
judgment dated 28th November 2017 having already been set
aside by a co-ordinate Bench of this Court, the present appeal
against the same impugned judgment also deserves the same fate
and deserves to be allowed.
6. The impugned judgment dated 28th November 2017 is
hereby set aside and the present appeal is allowed in light of the
judgment in Indu Bala Kumawat (supra).
7. This order we are making, even though an SLP challenging
the order passed in D.B. Spl. Appl. Writ No.1046/2018 is pending
before the Hon'ble Apex Court, for the reason that a Division
Bench is bound by a decision rendered by a Division Bench of co-
equal strength. Moreover, this is quite a well settled proposition in
law that courts do not pass orders on mere probability. (refer,
Razia Begum vs. Sahebzadi Anwar Begum & Ors; AIR 1958 SC
886).
8. All pending applications stand disposed of.
(REKHA BORANA),J (SHREE CHANDRASHEKHAR),J
12-/T.Singh-
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