Rajasthan High Court - Jodhpur
Amba Lal Salvi & Anr vs State Of Raj. & Ors on 16 April, 2012
Author: Dinesh Maheshwari
Bench: Dinesh Maheshwari
SBCWP No. 3525/20102
Amba Lal Salvi & Anr. Vs. State of Rajasthan & Ors.
[ 1 ]
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S.B. CIVIL WRIT PETITION NO. 3525/2010.
Amba Lal & Anr. Vs. State of Rajasthan & Ors.
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Date of Order :: 16th April 2012.
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr. Avinash Acharya, for the petitioners.
Mr. Tarun Joshi, for the respondent-RPSC.
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BY THE COURT:
Though placed for orders on stay application but, at the request and with the consent of the learned counsel for the parties, the matter has been heard finally at this stage itself while dispensing with the service on the other respondents.
The learned counsel for the parties submit ad idem that the subject matter of this writ petition stands covered by the decision of this Court in CWP No.5622/2009, decided on 07.02.2012 and then, in CWP No.534/2012, decided on 13.02.2012. In the aforesaid orders, this Court has taken note of the position obtainable after the decision of the Hon'ble Apex Court for treating the result of the candidates, who have taken the examination in the year 2006 as conducted by the Jivaji University, Gwalior, from the retrospective date. The Court has also considered the order as issued by the respondent-RPSC on 27.04.2011 and, thereafter, has observed and directed as under:-
SBCWP No. 3525/20102
Amba Lal Salvi & Anr. Vs. State of Rajasthan & Ors.
[ 2 ] "In view of the submissions made by learned counsel for the parties, the issue raised in the present matter is ordered to be considered by the RPSC in the light of the order dated 27.04.2011, which is quoted hereunder for ready reference :
"द न क 27.04.2011 अध पक प थम क एव उच प थम क पत . पर क , 2006 क प ह ज व ज ववशववद ल , गव मल र क ब .एङ क पररण न. सव*च न ल , वव र ध न ह.न क क रण इस ववशववद ल स ब .एङ उप धधध रक आ .ग क 3ल , पररण घ.षण क6 द न क 16/03/2007 क उप धध पस नह करन क क रण न स वध कक ग . न. सव*च न ल द र प त तनण3 क आध र पर ब .एड. पर क क पररण भ= लक पभ व स घ.वष कक ज न क क रण ऐस स स अभ धथ3 क. प त न हए आ .ग द र पररण घ.वष कर प त ज , सपष प ए ज न पर न व आव न पत तन कC ह अमभस वव कक ज हD."
In the light of the order of the RPSC, as quoted above, case of the petitioners may also be considered by the respondents and if their case is found at par with those, who were extended benefit of order dated 27.04.2011, it is expected that petitioners' candidature would not only be considered but if they find place in merit, will further be extended consequential benefits of appointment. Necessary exercise in that regard may be undertaken by the respondents within a period of two months from the date of receipt of certified copy of this order. The candidature of the petitioners would, however be considered by the respondents subject to all the other eligibility as per rules.
With the aforesaid, the writ petition is disposed off so as the stay application."
It is noticed that even in the earlier orders, this Court has directed consideration of the case of concerned petitioners if they were found at par with the others who had been extended the benefit of the order 27.04.2011. The propositions aforesaid shall apply to the present petitioners too.
SBCWP No. 3525/20102
Amba Lal Salvi & Anr. Vs. State of Rajasthan & Ors.
[ 3 ] It is, however, made clear that the candidature of the petitioners shall be considered only as against the category they have applied for and have taken the examination.
With the observations foregoing, this writ petition is partly allowed to the extent and in the manner indicated in the aforesaid orders and in the same terms.
(DINESH MAHESHWARI), J.
/Mohan/