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Rakesh Chalia vs The State Of Rajasthan ...
2026 Latest Caselaw 5363 Raj

Citation : 2026 Latest Caselaw 5363 Raj
Judgement Date : 8 April, 2026

[Cites 0, Cited by 0]

Rajasthan High Court - Jodhpur

Rakesh Chalia vs The State Of Rajasthan ... on 8 April, 2026

Author: Anand Sharma
Bench: Anand Sharma
[2026:RJ-JD:16299]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 19242/2025
Rakesh Chalia S/o Sitaram Chalia, Aged About 23 Years, Ward
No. 8, Meghwalo Ka Mohalla, Barsingsar, District Bikaner,
Rajasthan.
                                                                          ----Petitioner
                                      Versus
1.       The State Of Rajasthan, Through The Secretary,
         Rajasthan Public Service Commission, Ajmer, Rajasthan.
2.       The    Director,   Secondary     Education                       Department,
         Rajasthan, District Bikaner, Rajasthan.
                                                                    ----Respondents


For Petitioner(s)           :    Mr. Ramdev Rajpurohit
For Respondent(s)           :    --


             HON'BLE MR. JUSTICE ANAND SHARMA

Order 08/04/2026

1. The petitioner has filed the writ petition with the following

prayers :-

"i. The impugned rejection letter dated 13.02.2024 (Annex.5) and impugned final list dated 20.06.2024 (Annex.6) may kindly be quashed qua the petitioner. ii. The respondents may kindly be directed to consider the candidature of the petitioner.

iii. Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner."

2. Petitioner is aggrieved by letter dated 13.02.2024,

whereby, the candidature of the petitioner was rejected on the

ground that he was not possessing the requisite education

qualification as per the advertisement.

3. Learned counsel submits that advertisement dated

08.07.2022 contains a condition that even the candidate

appearing in last year of the requisite qualification examination, of

which result has also been declared prior to the date of

(Uploaded on 10/04/2026 at 11:55:13 AM)

[2026:RJ-JD:16299] (2 of 3) [CW-19242/2025]

competitive examination shall also be treated as eligible

candidate.

4. Learned counsel further submitted that in view of the

aforesaid condition, since petitioner was pursuing BPEd degree

course, therefore, he submitted application form for recruitment

and since result of BPEd Examination final year was declared on

28.04.2023, which was much earlier than the date of competitive

examination he was eligible to be considered in recruitment

process. Learned counsel submits that thus rejection of the

candidature by the respondents vide letter dated 13.02.2004 is

against the condition of advertisement and is arbitrary.

5. Learned counsel also submits that other candidates who

appeared and passed in BPEd examination along with the

petitioner have been given appointment, yet claim of the

petitioner has been ignored, whereas, in the recruitment process,

the petitioner has secured sufficient marks for placing his name in

the merit list.

6. Heard learned counsel for the petitioner and perused the

record.

7. The relevant condition of the advertisement is as under :

""kS{kf.kdvgZrk laca/kh izko/kku%& in dh visf{kr "kS{kf.kd vgZrk ds vafre o'kZ esa lfEefyr gqvk gks ;k lfEefyr gksus okyk O;fDr Hkh vkosnu djus ds fy, ik= gksxk] fdarq mls vk;ksx }kjk vk;ksftr izfr;ksxh ijh{kk ls iwoZ "kSf{k.kd vgZrk vftZr djus dk lcwr nsuk gksxkA"

8. As per the aforesaid condition, the candidate was required

to show that he had already appeared in the final year

examination of the requisite qualification post prior to last date for

submitting application form, however, no proof whatsoever has

(Uploaded on 10/04/2026 at 11:55:13 AM)

[2026:RJ-JD:16299] (3 of 3) [CW-19242/2025]

been placed on record by the petitioner that up to the last day of

filing of the application form, the petitioner has taken admission in

the final year of BPEd. Merely, giving proof of result prior to date

of competitive examination is not enough, as the candidate is

required to fulfill both the conditions, i.e., taking admission prior

to last date of filing of the application forms pursuant to

advertisement, as well as declaration of result prior to the date of

examination. Since, the petitioner has not placed any document

on record to fulfill the first part of the condition nor has he

pleaded in the memo of writ petition in this regard, therefore, the

petitioners candidature was rightly rejected by the respondents

vide letter dated 13.02.2024.

9. Otherwise also, rejection letter dated 13.02.2024 has

been challenged by the petitioner by way of filing the writ petition

on 25.09.2025, i.e., with a delay of more than one and a half year,

for which no explanation whatsoever, much less than sufficient

and cogent reasons, have been given by the petitioner.

10. In addition to above, as admitted by learned counsel for

the petitioner, appointments have already been given to the

selected candidates.

11. In view of the above, there is no scope of interference in

the present writ petition.

12. Accordingly, the writ petition filed by the petitioner is

hereby dismissed.

13. Pending applications, if any, stand disposed of.

(ANAND SHARMA),J 19-AnilKC/-

(Uploaded on 10/04/2026 at 11:55:13 AM)

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