Rajasthan High Court - Jodhpur
Pooja Chanchawat & Anr vs Secretary Rpsc Ajmer on 3 March, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7446 / 2015
1. Pooja Chanchawat D/o Sh. Pramod Rai Chanchawat, Aged
about 28 years, B/c Nema Mahajan, R/o 88/A, Road No.3,
Rati Talai, Banswara.
2. Vaibhav Chanchawat S/o Sh. Pramod Rai Chanchawat, B/c
Nema Mahajan, R/o 88/A, Road No.3, Rati Talai, Banswara.
----Petitioners
Versus
The Secretary Rajasthan Public Service Commission Ajmer.
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. Devendra Sanwalot
For Respondent(s) : Mr. Hanuman Singh Choudhary
_____________________________________________________
HON'BLE MS. JUSTICE NIRMALJIT KAUR
Order 03/03/2017 The prayer in the present petition is to allow the petitioners to appear in the competitive examination with regard to selection of Junior Accountants/Tehsil Revenue Accountants scheduled to be held by the RPSC dated 02.08.2015 after issued them the admission card.
The petitioners who are brother and sister submitted their online application form for recruitment to the post of Junior Accountants/Tehsil Revenue Accountants in pursuance to the advertisement dated 18.09.2003. However, they were not issued admission card and immediately on coming to know that the admission card had not been issued, the petitioners filed their (2 of 4) [CW-7446/2015] representation on 17.06.2015 to issue them admit card. When the respondent refused to issue the admit card, the petitioners were forced to file the present writ petition.
While issuing notice on 20.07.2015, the Coordinate Bench of this Court had directed the respondent - RPSC to provisionally allow the petitioners to sit in the competitive examination scheduled to be conducted in pursuance to the advertisement for the post in question. Thereafter, on 24.11.2016, the respondent- RPSC was directed to produced the result of the petitioners who were provisionally allowed to sit in the competitive examination for the said post. On 28.11.2016, the result of the petitioners was produced before the Court and it came to light that the petitioners had obtained higher marks than the cut-off in their respective categories and accordingly, by an interim order of the same date, the respondents were directed to keep vacant one post each in the category of TSP General and TSP General Women for the petitioners.
Reply has been filed.
As per the reply, the note was appended to the general instruction on the official website of the respondent-Commission vide which the aspirants are instructed to again submit their new application form online if the application IDs not generated. The petitioners had made no efforts to submit new application form online. Hence, no benefit can be given to the petitioners for their fault.
Heard.
The petitioners have selected the online payment option. It (3 of 4) [CW-7446/2015] is not disputed that after the procedure of submission of the application forms was completed, the transaction ID number of both the petitioner i.e. 1401001801526591 and 1401001801533858 were sent on their mobile Nos. 9414645916 and 9828209991, respectively, by the respondent - RPSC through SMS and simultaneously on the web screen, the transaction Ids were also shown. It was specifically mentioned that "your application online would be submitted to RPSC after successfully completed payment." It is also not disputed that the State Bank MOPS procedure as directed by the respondent - RPSC was also completed and the fees was also paid to the RPSC through SBBJ via ATM-cum-Debit Card. The petitioners duly received the information through SMS that their payment had been done successfully. Thus, there is nothing denying the fact that the petitioners had filled their application form well in time and all the formalities had been completed. Thus, it is obvious that the application IDs were not generated on account of technical fault. The same cannot be attributed to the petitioners. There may be merit in the argument of the learned counsel for the respondent that they should have immediately filled another application but the fact is that the petitioners wasted no time in approaching the Court as soon as they came to know about non-generation of the admit card and they were duly granted interim relief. Thereafter, even admit cards were issued to them. In pursuance thereof, the petitioners have successfully participated in the selection and have even got more marks than the cut-off.
In view of the above, this Court deems it proper that it would (4 of 4) [CW-7446/2015] be highly unjust and unfair to deny the appointment to the petitioners simply on the ground that the application IDs were not generated which was admittedly not on account of the fault of the petitioners in any manner.
Accordingly, the writ petition is allowed. The respondents are directed to give appointment to the petitioners on the post of Junior Accountants/Tehsil Revenue Accountants, if otherwise found eligible. The needful be done within one month from today.
(NIRMALJIT KAUR)J. Arvind/69