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Supreme Court - Daily Orders

Vishnu Datt Saini vs The Rajasthan Public Service ... on 6 October, 2023

Bench: Hrishikesh Roy, Sanjay Karol

                                                     1

     ITEM NO.29                              COURT NO.9                 SECTION XV

                                   S U P R E M E C O U R T O F     I N D I A
                                           RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 38962/2023

     (Arising out of impugned final judgment and order dated 19-05-2023
     in DBCSAW No. 568/2022 19-05-2023 in DBCSAW No. 530/2022 19-05-2023
     in DBCSAW No. 531/2022 passed by the High Court Of Judicature For
     Rajasthan At Jaipur)

     VISHNU DATT SAINI & ORS.                                            Petitioner(s)
                                                    VERSUS

     THE RAJASTHAN PUBLIC SERVICE COMMISSION & ORS.                      Respondent(s)

     ( IA No.198146/2023-CONDONATION OF DELAY IN FILING and IA
     No.198147/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
     and   IA   No.198145/2023-EXEMPTION  FROM   FILING   O.T.   and IA
     No.198150/2023-PERMISSION TO FILE PETITION (SLP/TP/WP/..) )

     Date : 06-10-2023 This petition was called on for hearing today.

     CORAM :                       HON'BLE MR. JUSTICE HRISHIKESH ROY
                                   HON'BLE MR. JUSTICE SANJAY KAROL

     For Petitioner(s)                 Mr. Puneet Jain, Adv.
                                       Ms. Christi Jain, AOR
                                       Mr. Vigyan Shah, Adv.
                                       Mr. Yogit Kamat, Adv.
                                       Mr. Mann Arora, Adv.
                                       Mr. Akriti Sharma, Adv.
                                       Ms. Shruti Singh, Adv.
                                       Mr. Akshit Gupta, Adv.

     For Respondent(s)                 Mr. Rajshekhar Rao, Sr. Adv.
                                       Mr. Yuvraj Samant, Adv.
                                       Ms. Neha Amola, Adv.
                                       Ms. Meherunissa Anand Jaitley, Adv.
                                       Mr. Yashraj Samant, Adv.
                                       Mr. Pritish Narayan Ray, Adv.
                                       Mr. Rajesh Singh Chauhan, AOR


                              UPON hearing the counsel the Court made the following
Signature Not Verified
                                                 O R D E R

Digitally signed by Jayant Kumar Arora Date: 2023.10.09 Permission to file Special Leave Petition is granted. 18:13:26 IST Reason: Delay condoned.

2

Mr. Puneet Jain, learned counsel would refer to the selection procedure prescribed in the advertisement by the Rajasthan Public Service Commission for appointment of Veterinary Officer and also the Rule 19 of the Rajasthan Animal Husbandry Service Rules, 1963 to argue that the sequence of the selection process notified by the Rules and the advertisement, was not adhered to. To be specific, the counsel submits that on the basis of screening test done which contains 40 marks, the qualified candidates were shortlisted for interview and the marks to be awarded for the academic qualifications were given a play in the selection, only thereafter. Issue notice, returnable in four weeks.

The Rajasthan Public Service Commission is represented by Mr. Rajshekar Rao, learned Senior Counsel. He submits that at present the interview of the shortlisted candidates are continuing. Taking note of the above, the interviews are not interdicted. However appointment should not be made without the leave of the Court.

  [DEEPAK JOSHI]                                        [KAMLESH RAWAT]
   COURT MASTER                                      ASSISTANT REGISTRAR