Rajasthan High Court - Jaipur
Sangeeta Soni vs State Of Raj And Ors on 3 October, 2017
Author: Ajay Rastogi
Bench: Ajay Rastogi
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D.B. Special Appeal Writ No. 1015 / 2017
Sangeeta Soni D/o Shri Badri Lal Soni W/o Shri Girraj Soni, by
Caste Soni, Aged About 31 Years, Resident of Village and Post
Allapur, Tehsil Khandar, District Sawai Madhopur, Rajasthan.
----Appellant
Versus
1. State of Rajasthan Through the Director, Panchayati Raj
Department, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Sawai Madhopur.
3. The Block Development Officer, Panchayat Samiti, Khandar,
District Sawai Madhopur.
----Respondents
_____________________________________________________ For Appellant(s) : Mr.Amit Jindal, Mrs.Neetu Bhansali, Mr.Ashindra Gautam, Advocates.
For Respondent(s) : Mr.S.K.Gupta, Additional Advocate General. _____________________________________________________ HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE DEEPAK MAHESHWARI Order 03/10/2017 The instant special appeal is directed against order of the ld.Single Judge dt.26.05.2017.
The present appellant had participated in the selection process which was initiated pursuant to the advertisement dt.14.02.2013 inviting applications for the post of Lower Division Clerk, the post which is included in the schedule appended to the Rajasthan Panchayati Raj Rules, 1996.
On 28.03.2013 a corrigendum was issued indicating that educational qualification has to be obtained by the date the select list being notified so that during verification of documents, the (2 of 3) [SAW-1015/2017] eligibility could be ascertained. The select list was finalized on 23.06.2013.
Indisputably, the appellant was not holding the minimum requisite qualification and to be more particular the technical qualification of RS-CIT which is three month course in the instant case the appellant joined in January-February, 2014 and certificate was issued to her in April, 2014.
The question arose for consideration was as to whether the qualification acquired by the applicants much after the process was initiated and the select list came to be notified by the respondents can still seek indulgence to participate in the selection process and that was negated by the ld.Single Bench of this court before the main seat at Jodhpur holding that acquisition of eligibility much after the process being initiated & after the select list was finalized on 23.06.2013 cannot be considered eligible to participate in the selection process initiated pursuant to the advertisement dt.14.02.2013 and those candidates preferred special appeals (D.B.Special Appeal (Writ) No.793/2017 & other connected special appeals) before the Division Bench of this court at main seat at Jodhpur and at the motion stage, taking note of the pleadings on record and so also the fact that acquiring qualification at a later stage of RS-CIT certificate much after the date when the appellants were called upon for verification of documents would not hold them eligible to participate in the selection process pursuant to the advertisement dt.14.02.2013 and finally the special appeals preferred by the appellants came to be dismissed vide order dt.12.09.2017.
(3 of 3) [SAW-1015/2017] The ld.Single Judge also, in the instant matter, was of the view that obtaining the certificate of RS-CIT much after the date notified by the respondents would not hold the appellant eligible to participate in the selection process and accordingly dismissed the writ petition under order impugned dt.26.05.2017.
Counsel for the appellant has placed before us certain interim orders passed by the Division Bench before the main seat at Jodhpur on the self same matter (D.B.Special Appeal (Writ) Nos.805/20174 & 829/2017) but taking note of the final view expressed by the coordinate Bench of this court dt.12.09.2017 which we too concur find no error in the order impugned dt.26.05.2017 passed by the ld.Single Judge which may call for our interference.
Consequently, the instant special appeal fails and accordingly dismissed.
(DEEPAK MAHESHWARI),J. (AJAY RASTOGI),J. Solanki DS, PS/35