Rajasthan High Court - Jodhpur
Shahbaz Khan Kayamkhani vs State Of Rajasthan (2023/Rjjd/013742) on 5 May, 2023
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2023/RJJD/013742]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17434/2022
Shahbaz Khan Kayamkhani S/o Shri Mohabbat Ali Khan, Aged
About 29 Years, R/o Moti Nagar, Outside Phuliya Gate, Tehsil
Shahpura Dist. Bhilwara, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Secretariat,
Jaipur.
2. State Of Rajasthan, Through The Secretary, Rajasthan
Staff Selection Board, Government Of Rajasthan,
Secretariat, Jaipur.
3. Director, Secondary Education, Bikaner.
4. Rajasthan Staff Selection Board, Through The President,
Rajya Krishi Prabandh Sansthan Parisar, Durgapura,
Jaipur Rajasthan.
----Respondents
For Petitioner(s) : Mr. Rajendra Singh Shekhawat
For Respondent(s) : Mr. Rajesh Punia
Mr. Hemant Choudhary, GC with
Mr. Vishal Jangid.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 05/05/2023 Heard learned counsel for the parties.
The present writ petition has been filed with the following prayers :-
"A. By an appropriate writ order or direction, the respondents may kindly be directed to re-defermine the complete merit list/ result after making the necessary corrections in the answer key for the post (Downloaded on 05/05/2023 at 11:24:36 PM) [2023/RJJD/013742] (2 of 4) [CW-17434/2022] of Basic Computer Instructor in pursuance advisement of the advertisement dated 01.02.2022. B. By an appropriate writ order or direction, the respondents may kindly be directed to give appointment to the petitioner on the post of Basic Computer Instructor in pursuance of the advertisement dated 01.02.2022 (Annex.3) with all consequential benefits if found selected in revised merit.
C. By an appropriate writ order or direction, the amended advertisement dated 30.06.2022 may kindly be quashed and set aside.
D. By an appropriate wit order or direction, respondent may kindly be directed to decelerated eligible candidate to the petitioner on the basis of marks obtained by the petitioner".
Learned counsel for the petitioner submits that the petitioner has secured 87.2475 marks in the examination conducted for direct recruitment on the post of Basic Computer Instructor and Senior Computer Instructor, 2022. Learned counsel for the petitioner submits that despite the petitioner having higher cut off marks than the last candidate who has been given appointment, he has not been extended the benefit of giving appointment. He, therefore, prays that the writ petition may be allowed and the respondents may be directed to offer appointment to the petitioner on the post of Basic Computer Instructor and Senior Computer Instructor.
Per contra, learned counsel for the respondent/Rajasthan Staff Selection Board submits that the petitioner has not secured the minimum 40% marks in paper second, therefore, he has failed to clear the examination. Thus, the recommendation for (Downloaded on 05/05/2023 at 11:24:36 PM) [2023/RJJD/013742] (3 of 4) [CW-17434/2022] appointment of the petitioner has not been made by the Board. Learned counsel submits that as per Rule 28 of the Rajasthan Educational (Staff and Subordinate) Service Rules, 2021 (hereinafter referred to as 'the Rules of 2021), a person is required to have 40% marks in each paper for recommendation to be made by the Board.
I have considered the submissions made at the Bar and have gone through the relevant record of the case.
The petitioner has appeared in the examination conducted by the Board for selection on the post of Basic Computer Instructor and Senior Computer Instructor and as per the mark-sheet issued to him, he has secured 52.5253 marks in first paper and 34.7222 marks in paper second. In this view of the matter, the petitioner has not secured 40% marks in paper second and as per Rule 28 of the Rules of 2021, he is not eligible for recommendation. For brevity, Rule 28 of the Rules of 2021 is reproduced as under:-
"28. Recommendations of the Commission/Board /Committee/Appointing Authority.- The Commission/ Board or the Committee or the Appointing Authority, as the case may be, shall prepare a list of the candidates, whom they consider suitable for appointment to the post concerned, arranged in the order of merit on the basis of marks obtained in the written examination/interview and forward the same to the Appointing Authority. The Commission/Board or the Committee or the Appointing Authority, as the case may be, shall not recommend any candidate who has failed to obtain a minimum of 40% marks in each of the papers of the competitive examination:
Provided that,-(Downloaded on 05/05/2023 at 11:24:36 PM)
[2023/RJJD/013742] (4 of 4) [CW-17434/2022]
(i) the percentage fixed as above shall be relaxed by 5% for the candidates belonging to the Scheduled Castes and Scheduled Tribes.
(il) the Commission/Board/Committee may also, to the extent of 50% of the advertised vacancies, keep names of suitable candidates on the reserve list category wise. The Commission/ Board may on requisition, recommend names of such candidates, in order of merit to the Appointing Authority, within six months from the date on which the original list is forwarded by them/it to the Appointing Authority".
Since the petitioner has failed to secure 40% marks in paper second, he is not eligible for appointment on the post of Basic Computer Instructor and Senior Computer Instructor. In this view of the matter, name of the petitioner has rightly not been recommended by the Board. There is no force in the writ petition.
Accordingly, the writ petition is dismissed. The stay application and other pending applications, if any also stand disposed of.
(VINIT KUMAR MATHUR),J 92-SanjayS/-
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