Rajasthan High Court - Jaipur
Naresh Choudhary And Ors vs R P S C Ajmer on 4 September, 2013
Author: Amitava Roy
Bench: Amitava Roy
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR :: ORDER :: D.B. CIVIL MISC.APPLICATION NO.245/2013 Date of Order : 04.09.2013 HON'BLE THE CHIEF JUSTICE MR. AMITAVA ROY HON'BLE MR.JUSTICE VEERENDR SINGH SIRADHANA Mr.G.S.Rathore for the applicants/petitioners. ***** BY THE COURT (PER HON'BLE THE CHIEF JUSTICE) :
The instant application has been filed by the applicants/petitioners seeking modification of the order dated 10.7.2013 passed by this Court in D.B.Civil Writ Petition No.11777/2013 seeking the self-same reliefs.
Mr.Rathore has argued that while rejecting the writ petition filed by the petitioner on 10.7.2013, this Court had observed that considering the nature of the ongoing selection process as stipulated by the Rules and the bearing of the results of the written examination on the eventual selection of the candidates, the request of the petitioners, as made in the writ petition, ought not to be entertained at that stage, as if the same was allowed, it would undermine the confidentiality of the exercise underway, apart from affecting the third party rights. Besides, the very basis of the relief sought for by the petitioners was speculative i.e. their perception that their performance had not been correctly evaluated for which there was no tangible basis for this Court to act upon. Learned counsel has urged that by now, even the process is over and the results of the examination involved have also been declared, in view of the impugned order dated 10.7.2013, neither the certified copies of their (applicants/petitioners) answer booklets are being provided to them nor they are allowed to make inspection thereof. Thus, the petitioners have prayed that the impugned order be modified.
We have heard the learned counsel for the applicants/petitioners and considered as well the averments made in the present application.
In terms of the Rajasthan Judicial Service Rules, 2010 (as amended upto 2012), the process for recruitment to the post of Judicial Magistrate & Civil Judge in the Rajasthan Judicial Service is based on the performance of the candidates in the competitive examination as prescribed thereby and the exercise undertaken in terms of the Rules of 2010, gets completed with the interview. A candidate successful in the preliminary examination only qualifies to participate in the main examination, and only those who are successful in the latter test, are called for the interview, subject to their performance and the ceiling stipulated. The petitioners admittedly, could not pass the RJS main examination. Except contending that they are not satisfied with the marks awarded to them, they have not mentioned any other persuasive reason to justify their request for being furnished with their answer scripts.
The instant application is one, in substance, seeking review of the order dated 10.7.2013 based on a fresh cause of action i.e.completion of the process of interview and declaration of results. Apart from the fact that the process of recruitment under the Rules even on declaration of results gets completed only with the appointments to the post involved, the present application, following the disposal of D.B.Civil Writ Petition No.11777/2013 finally by the impugned judgment and order dated 10.7.2013 in the form presented with the reliefs sought for, is not sustainable in law. It is thus closed.
(VEERENDR SINGH SIRADHANA),J. (AMITAVA ROY),C.J. Skant/-
All the corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Shashi Kant Gaur, PA