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Rajasthan High Court - Jaipur

Bhagwat Singh vs State (Technical Edu Dept) Ors on 31 January, 2017

Author: Ajay Rastogi

Bench: Ajay Rastogi

8HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH
                   AT JAIPUR
             S.B.Civil Writ Petition No. 835 / 2017
Mahendra Kumar Chandrawat Son of Shri Ramswaroop
Chandrawat,, Village & Post Bugdar (Langra), District Karauli
(Raj.)
                                                        ----Petitioner
                              Versus
1. State of Rajasthan Through the Principal Secretary,
Technical Education Department,, Govt. Secretariat, Jaipur
(Raj.)

2. Secretary, Rajasthan Subordinate and Ministerial Service
Selection Board, Rajasthan Rajay Krishi Prabandh Sansthan
Parisar,, Durgapura, Jaipur (Raj.)

3. Secretary, Ministry of Skill Development and
Entrepreneurship,, 2nd Floor, Annexe Building Shivaji
Stadium, Shaeed Bhagat Singh Marg, Connaught Place, New
Delhi
                                                  ----Respondents

S.B.Civil Writ Petition No. 843 / 2017 Mahesh Kumar Meena Son of Shri Matadin Meena, Village Rambas, Post Hatundi, Tehsil Mundawar, District Alwar (Raj.)

----Petitioner Versus

1. State of Rajasthan Through Its Principal Secretary, Technical Education Department, Govt. Secretariat, Jaipur (Raj.)

2. Secretary, Rajasthan Subordinate and Ministerial Service Selection Board, Rajasthan Rajay Krishi Prabandh Sansthan Parisar, Durgapura, Jaipur (Raj.)

3. Secretary, Ministry of Skill Development and Entrepreneurship, 2nd Floor, Annexe Building Shivaji Stadium, Shaeed Bhagat Singh Marg, Connaught Place, New Delhi

----Respondents S.B.Civil Writ Petition No. 851 / 2017 Bhagwat Singh Son of Shri Udai Singh, by Caste Rajput,, Aged About 36 Years, Village Bhankarwali, Post Kachrawata, Tehsil Uniyara, District Tonk (Raj.) (2 of 4) [CW-835/2017]

----Petitioner Versus

1. State of Rajasthan Through Its Principal Secretary, Technical Education Department, Govt. Secretariat, Jaipur (Raj.)

2. Secretary, Rajasthan Subordinate and Ministerial Service Selection Board, Rajasthan Rajay Krishi Prabandh Sansthan Parisar,, Durgapura, Jaipur (Raj.)

3. Secretary, Ministry of Skill Development and Entrepreneurship,, 2nd Floor, Annexe Building Shivaji Stadium, Shaeed Bhagat Singh Marg, Connaught Place, New Delhi

----Respondents S.B.Civil Writ Petition No. 852 / 2017

1. Kishor Kumar Son of Shri Mathura Prasad, by Caste Kumawat, Aged About 30 Years, Village & Post Kithana, Tehsil Chirawa, District Jhunjhunu (Raj.)

2. Govind Prasad Sharma Son of Shri Teekam Chand Sharma, Village & Post Vajirpur, District Sawai Madhopur (Raj.)

3. Bhupesh Chand Kardum Son of Shri Khem Chand Kardum, 60 Ft. Road, Ram Nagar Colony, Near Paliwal Builder, Alwar (Raj.)

4. Surendra Singh Son of Shri Jagram, Village Newara, Tehsil Bhusawar, District Bharatpur (Raj.)

----Petitioners Versus

1. State of Rajasthan Through Its Principal Secretary, Technical Education Department, Govt. Secretariat, Jaipur (Raj.)

2. Secretary, Rajasthan Subordinate and Ministerial Service Selection Board, Rajasthan Rajay Krishi Prabandh Sansthan Parisar, Durgapura, Jaipur (Raj.)

3. Secretary, Ministry of Skill Development and Entrepreneurship, 2nd Floor, Annexe Building Shivaji Stadium, Shaeed Bhagat Singh Marg, Connaught Place, New Delhi

----Respondents (3 of 4) [CW-835/2017] ________________________________________________ For Petitioner(s) : Mr. Rajendra Sharma, Adv. For Respondent(s) : - - -

________________________________________________ HON'BLE MR. JUSTICE AJAY RASTOGI Order 31/01/2017 The process for various posts came to be initiated by the Rajasthan Subordinate and Ministerial Service Selection Board, Jaipur pursuant to advertisement No.6/2016 dt.16.9.2016.

The Division Bench of this Court before the Main Seat at Jodhpur in DBCWP No.12145/2016 after taking note of the guidelines issued by the Director General of Training, Ministry of Skill Development & Entrepreneurship (MSDE) dt.7.1.2016 regarding Norms for "Recruitment of the Instructor in ITIs"

and 'mandating Crafts Instructor Training Scheme (CITS) for all ITI Instructors" was of the view that the State is under obligation to follow the guidelines and make selections accordingly and the advertisement issued by the respondent and initiating selection process being not in conformity with the guidelines has been quashed & set aside. The operative part of the judgment of Division Bench reads ad infra-
"The writ petition, challenging the questioned advertisement dated 16/09/2016, is as such, liable to be allowed and the advertisement dated (4 of 4) [CW-835/2017] 16/09/2016 relating thereto is consequently quashed.
The respondent State Government is directed to issue fresh advertisement in consonance with the Central Government and NCVT Guidelines. It is also made clear that the aspirants, who were within the age limit on the last date of impugned/questioned advertisement dated 16/09/2016 and who have attained eligibility in the meanwhile, shall also be competent and eligible to apply in coming/prospective recruitment advertisement".

Since the advertisement dt.16.9.2016 pursuant to which the process was initiated has been set aside by the Division Bench, reference of which has been made supra, the present batch of petition has become infructuous.

Consequently, the writ petitions stand dismissed as infructuous.

(AJAY RASTOGI) J.

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