Rajasthan High Court - Jaipur
Pradeep Singh Bhadauriya vs State (Transport Departm)Ors on 27 April, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 17844 / 2011
Pradeep Singh Bhadauriya
----Petitioner
Versus
State (Transport Departm)Ors
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Iliyas Khan For Respondent(s) : Mr. Shantanu Kumawat _____________________________________________________ HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order 27/04/2017 Present petition has been filed under Article 226 of the Constitution of India praying that the selection made by Rajasthan Public Service Commission against the rules be set aside. It is contented that respondents have given appointment to the persons who have not secured minimum qualifying marks. A further prayer has been made that the respondents be directed not to provide reservation beyond 12.5% to Ex-serviceman.
Shri Shantanu Kumawat, learned counsel appearing for RPSC, has submitted that the petitioner could not make to the merit list as he obtained marks less than cut off marks prescribed.
It is further submitted that selection process has already attained finality in the year 2012 and selected candidates have not been made party to the present petition.
To controvert the submission made by learned counsel for the petitioner, Shri Shantanu Kumawat has further drawn (2 of 2) [CW-17844/2011] attention of this court to the following averments made in Para-7 of the reply:-
"The petitioner has placed on record the mark sheet of various candidates, who were earlier declared pass on the basis of scaled marks and similarly the Annexure- 5 which has been placed on record by petitioner demonstrate that he was declared qualified for interview but after interview he was not selected being more meritorious candidates were available and so far mark sheet of other candidates placed on record are based on scaled marks, who had secured more marks than the petitioner in interview as well as in total but even though their position must have been changed on the basis of final result declared on the basis of raw marks and thereafter interview, hence this writ petition is without complete study and on baseless grounds, therefore, deserves to be dismissed summarily. "
Since respondents later had not applied the method of scaling and had acted in consonance with the rules, this court cannot come to the rescue of the petitioner especially when he could not make to the merit list. Furthermore, this court will not disturb the selection which has attained finality in 2012.
Hence, present petition being devoid of merit is dismissed.
(KANWALJIT SINGH AHLUWALIA)J. Govind/