Rajasthan High Court - Jodhpur
Ramesh Chandra Parmar & Ors vs State (Pan. Raj.) & Ors on 26 March, 2012
Author: Dinesh Maheshwari
Bench: Dinesh Maheshwari
1
SBCWP No.2304/2012
Ramesh Chandra Parmar & Ors. Vs. State of Rajasthan & Ors.
16
S.B. Civil Writ Petition No.2304/2012
Ramesh Chandra Parmar & Ors.
Vs
State of Rajasthan & Ors.
DATE OF ORDER: 26th March 2012
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr. Ramesh Purohit, for the petitioner.
Mr. Tarun Joshi, for the respondent-RPSC.
<><><> The learned counsel Mr. Joshi who has appeared in similar matters for the respondent-RPSC has been requested to and has put in appearance in the present case too for the respondent- RPSC. Having regard to the questions involved and the relief sought, which is essentially directed against the respondent No.3, service on the other respondents is dispensed with.
The learned counsel for the petitioners submits that the subject matter of this writ petition stands covered by the decision of the coordinate bench in CWP No.5622/2009, decided on 07.02.2012 and then, another order of this Court 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: -
"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 :2 SBCWP No.2304/2012
Ramesh Chandra Parmar & Ors. Vs. State of Rajasthan & Ors.
"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 दर 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."
The learned counsel for the respondent does not dispute the orders aforesaid as passed by this Court and also frankly points out that so far the candidates belonging to the Scheduled Area i.e., the Tribal Sub-Plan Area are concerned, the recruitment process has not been finalized yet and in fact, their result has been declared on 23rd instant.
It is noticed that even in the earlier orders, this Court has directed consideration of the case of concerned petitioners if their cases were found at par with the others who had been extended the benefit of order 27.04.2011. The propositions aforesaid shall apply to the present petitioners too.
In view of the above, this writ petition is partly allowed to the extent and in the manner indicated in the aforesaid orders and in the same terms.
cpgoyal/- (DINESH MAHESHWARI), J.