Rajasthan High Court - Jaipur
Surghan Singh S/O Shridamla Ram Yadav vs State Of Rajasthan on 1 December, 2018
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.24725/2018
Surghan Singh S/o Shri Damla Ram Yadav, & Others
----Petitioners
Versus
State Of Rajasthan & Another
----Respondents
Connected with S.B. Civil Writ Petition No.25515/2018 Anurag Choudhary S/o Ummed Singh
----Petitioner Versus Rajasthan Public Service Commission
----Respondent S.B. Civil Writ Petition No.24094/2018 Bhagyashree D/o Banwari Lal Saini
----Petitioner Versus Rajasthan Public Service Commission Through Its Secretary
----Respondent S.B. Civil Writ Petition No.24632/2018 Narendra Kumar Saini S/o Nand Kishor & Others
----Petitioners Versus Rajasthan Public Service Commission
----Respondent S.B. Civil Writ Petition No.24769/2018 Charanpal Kour D/o Gurjant Singh,
----Petitioner Versus Rajasthan Public Service Commission
----Respondent S.B. Civil Writ Petition No.24931/2018 Hansha Yadav D/o Shri Girdhari Lal Yadav W/o Mr. Hitesh Yadav
----Petitioner Versus (2 of 8) [CW-24725/2018] Rajasthan Public Service Commission
----Respondent For Petitioner(s) : Mr.R.N. Mathur Senior Counsel assisted with Mr.Shovit Jhajhariya Mr.Ram Pratap Saini.
Mr.Himanshu Jain.
Mr. Tarun Chaudhary.
Mr.Sandeep Garssa For Respondent(s) : Mr.Rajendra Prasad, AAG assisted with Mr.Karan Tibrewal.
Mr.M.F. Baig, for RPSC.
For Intervener(s): Mr.Shobhit Tiwari.
Mr.Tribhuvan Narayan Singh Mr.Pushpendra Singh Tanwar HON'BLE MR. JUSTICE ALOK SHARMA Order 01/12/2018 The issue in these petitions relates to the Rajasthan State & Subordinate Services Combined Competitive (Preliminary) Examination, 2018 under the Rajasthan State and Subordinate Services (Direct Recruitment by combined competitive examination) Rules, 1999 (hereafter Rules of 1999'). The said examination for recruitment is to be conducted in two stages i.e.
(i) Preliminary Examination (ii) Main Examination comprising of written and interview for the successful candidates.
(3 of 8) [CW-24725/2018]
The dispute in these petitions relates to the
interpretation of Rule 15 of the Rules of 1999 and the question as to whether the reserved category candidates despite being more than 15 times the number of vacancies reserved for such candidates be allowed to write the main examination if they have secured more marks in the Preliminary Examination than the last of the candidates (15 times) qua the vacancies in the Open Category.
Counsel for the parties agree that the issue agitated in these petitions is also before the Apex Court in the case of The Rajasthan Public Service Commission vs. Garima Sharma & Another Petition for Special Leave to Appeal (c) No(s).21910/2018 and other connected matters. Therein vide interim order dated 31.8.2018, the Apex Court while issuing notice on the aforesaid petition has stayed the judgment passed by the Division Bench of this Court wherein it was held that candidates who applied in the reserved category could not migrate to the open category for the Main Examination even if their performance at the preliminary examination was better than the open category (4 of 8) [CW-24725/2018] candidates who were entitled to the main examination being within 15 times the vacancies advertised in the said category. A similar issue is also admittedly pending before the Apex Court in the case of Rajasthan Public Service Commission vs. Mansi Tiwari & Another Petition for Special Leave to Appeal (c) No(s).22134/2018 and other connected matter where the Apex Court has issued notice on 27.8.2018.
Further in Petition for Special Leave to Appeal (c) No(s).11567/2016 titled Hanuman Jat & Anr ETC vs. State of Rajasthan & Others ETC and connected matters, while issuing notice on 8.7.2016 the Apex Court granted stay on further proceedings relating to the notification for recruitment of Patwaris (State of Rajasthan) in view of the dispute before it with regard to the manner of determining 15 times the number of candidates in each category for writing the Main Examination following a Preliminary Examination. Subsequently it appears that Special Leave to Appeal was allowed and the case of Hanuman Jat & Another ETC vs. State of Rajasthan & Others ETC registered as Civil Appeal No.6084-6093/2016. In the aforesaid appeal on (5 of 8) [CW-24725/2018] 28.11.2016, the Apex Court passed the following order, which reads as under:
"In view of the fact that huge number of applicants (approximately eight lakhs) are seeking to appear in the selection process, the respondents devised a preliminary examination. It appears that successful candidates at the preliminary examination only would be permitted to take the final examination. However, under the relevant rules candidates 15 times more in number than the number of posts to be filled against each category are required to be identified for the purpose of permitting them to the final examination. While working on such a process the respondents arrived at cut-off marks with respect to each of the various categories. It so happened that the cut-off with respect to the General Category candidates are much less than the cut-off marks with respect to various other reserved categories of candidates. It is this factual background which led to the litigation in the present appeals.
It is submitted that in view of the fact that by the interim orders, recruitment for the purpose of filling up the posts of Patwaris is held up, the State is greatly handicapped in its administration.
For the interim measure, the State as well as the appellants agree that the ends of justice would be met for the time being by permitting all the candidates who secure equal to or more than 104.51 marks in the preliminary examination (irrespective of the category to which candidates belong) be permitted to appear in the final examination without prejudice to the rights of the parties and the various question of law arising in the appeals. The respondents are permitted to complete the process of selection of Patwaris in accordance with law. "
The dispute as to in what manner 15 times the number of candidates in each category on the basis of Preliminary Examination in two stages of Examination is to be determined in (6 of 8) [CW-24725/2018] respect of candidates applying in the reserved category if some of them have a better performance in the Preliminary Examination than the open category candidates for the purpose of being admitted to write the Main Examination, is thus pending before the Apex Court.
The Main Examination for RAS and allied services is to be held 23.12.2018 onwards. Presently the petitioners who all applied in the reserved category claim to have secured better marks at the preliminary examination than several general category candidates who being 15 times the number of vacancies in the open category have been admitted to the Main Examination. The petitioners case is that despite being more meritorious than several open category candidates who will write the Main Examination, they have yet been excluded from the Main Examination for reason of being beyond 15 times the number of vacancies advertised in their (reserved) category.
They are thus aggrieved of their exclusion from the said Main examination despite their merit vis a vis several open category candidates. They submit that the manner of construction of Rule 15 of the Rules of 1999 by the RPSC is wholly illegal, arbitrary and unconstitutional as it entails the exclusion of more (7 of 8) [CW-24725/2018] meritorious candidates in the reserved category from the Main Examination while less meritorious candidates (Open Category) are being called to participate in it.
The respondents led by Mr.Rajendra Prasad, AAG.
Counsel for the State opposed the prayer of the petitioners.
Mr.Rajendra Prasad, is however not in a position to deny that the very same issue as agitated in these petitions is actively under consideration of the Apex Court in cases referred hereinabove.
Having heard the counsel for the parties and taking into consideration the overall facts of the case where excluding the petitioners (reserved category) more meritorious than several open category candidates, from writing the Main Examination would visit them with irreparable loss while it would not prejudice the general category candidates entitled to write the Main Examination, I would be inclined to pass the following interim directions:-
(i) All reserved category candidates who without taking benefit of any concession, except on payment of fees, are more meritorious than the last of the open category candidates in the RAS Preliminary Examination 2018 to participate in the main (8 of 8) [CW-24725/2018] examination be conditionally allowed to participate in the said Main Examination subject to the outcome of the writ petitions.
No equity would operate for the petitioners and other like them who write the main examination on the foundation of this interim direction.
(ii) Result of Main Examination, 2018 for RAS and allied services, to be held on 23.12.2018 onwards, not be declared till further directions/ permission of this Court.
Stay applications stand disposed of accordingly.
A copy of this order be placed in each connected matter.
(ALOK SHARMA), J Himanshu Powered by TCPDF (www.tcpdf.org)