Rajasthan High Court - Jaipur
Bagan Singh Son Of Shri Rajveer Singh vs State Of Rajasthan on 14 March, 2023
Author: Sudesh Bansal
Bench: Sudesh Bansal
[2023/RJJP/004182]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1428/2023
Vikram Singh Meena S/o Shri Bholaram Meena, Aged About 30
Years, R/o Meeno Ki Dhani , Bad Ke Balaji , Gram Panchayat
Thikariya Tehsil Sanganer, District Jaipur, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Local Self
Government Department , Govt. Secretariate , Jaipur.
2. The Secretary, Rajasthan Staff Selection Board, State
Institute Of Agriculture Management Premises , Tonk Road,
Shreeji -Nagar , Durgapura Jaipur 302018.
----Respondents
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----Respondent (Downloaded on 11/11/2023 at 04:32:29 PM) [2023/RJJP/004182] (10 of 14) [CW-1428/2023] S.B. Civil Writ Petition No. 2715/2023 Vinod Kumar Meena S/o Kalu Ram Meena
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----Respondent For Petitioner(s) : None present For Respondent(s) : Mr. Anil Mehta, AAG assisted by Mr. Yashodhar Pandey Mr. Surendra Med for RSSB Mr. Sanjay Kumar Mathur, OIC, ACP (Dy. Director) RSSB HON'BLE MR. JUSTICE SUDESH BANSAL Order 14/03/2023 At the outset, it may be noticed that advocates' have taken a call to remain absent from judicial work and to not appear in Courts from 20.02.2023 onwards and today also no advocate(s) on behalf of the petitioners have put in appearance. None of the petitioners is present in person.
Mr. Anil Mehta, learned Additional Advocate General appearing on behalf of the respondent-State, has pointed out that the grievances of petitioners, are of similar nature in these writ petitions that they have not been shortlisted for practical and physical test, despite securing the minimum qualifying marks in the written examination for the post of Assistant Fire Officer/Fireman, pursuant to the advertisement dated 10.08.2021 and amended advertisement dated 05.10.2021, therefore, (Downloaded on 11/11/2023 at 04:32:29 PM) [2023/RJJP/004182] (11 of 14) [CW-1428/2023] petitioners have prayed to allow them to appear for the practical and physical test.
Learned Additional Advocate General has submitted that after issuance of advertisement dated 10.08.2021, an amended advertisement was issued on 05.10.2021. As per notification dated 05.10.2021 (Annexure R/2) whereby and whereunder Rule 21 of the Rules of 1963 has been amended in following terms:-
"Amendment of Rule 21- In sub-rule (2) of rule 21 of the Rajasthan Municipal (Subordinate and Ministerial Service) Rules, 1963, for the existing expression "Those candidates who fails to secure minimum of 33% marks and in case of candidates belonging to Scheduled Caste and Scheduled Tribe minimum of 28% in written examination shall not be allowed to participate in practical test and physical test and physical test and final merit shall be prepared", the expression "Out of those candidates, who secure minimum of 33% marks and in case of candidates belonging to Schedule Caste and Schedule Tribe minimum of 28% in written examination, ten time candidates category wise of advertised vacancies shall be allowed to participate in practical test and physical test however all those candidate who secure the same marks will also be allowed to participate in practical test and physical test and final merit shall be prepared" shall be substituted."
Learned Additional Advocate General submits that according to the amended Rule 21(2) of the Rules of 1963 and amended advertisement dated 05.10.2021, in the present recruitment process for the post of Assistant Fire Officer/Fireman, candidates were required to secure minimum qualifying marks of 33% and in case of Scheduled Caste and Scheduled Tribes, 28% in the written examination. Thereafter, out of the candidates who have secured minimum qualifying marks in the written examination, only ten times candidates category-wise of the advertised vacancies, are (Downloaded on 11/11/2023 at 04:32:29 PM) [2023/RJJP/004182] (12 of 14) [CW-1428/2023] required to be summoned for the practical and physical test. He submits that the contention of petitioners that each and every candidates, who have secured minimum qualifying marks of 33% or 28%, as the case may be, is eligible to appear for the practical and physical test, is misconceived and contrary to the terms of advertisement as well as Rule 21(2) of the Rules of 1963 and since petitioners do not fall within ten times candidates of their respective category, as such the petitioners have no case on merits.
Learned Additional Advocate General has also pointed out that the applicability of notification dated 05.10.2021, promulgating the amendment in Rule 21 of Rules of 1963, to the present recruitment of Assistant Fire Officer/Fireman pursuant to advertisement dated 10.08.2021, was put to challenge before the Division Bench of this Court, by way of D.B. Civil Writ Petition No.19199/2022 (Anoop Yadav v. State of Rajasthan) & other connected matters. The Division Bench has dismissed the writ petitions vide order dated 02.02.2023 affirming the applicability of notification dated 05.10.2021 to the present recruitment with observation that since, the candidates have participated in the recruitment process pursuant to amended advertisement dated 05.10.2021 and have accepted the terms and conditions of the notification dated 05.10.2021 as also have taken a chance of success and failure, therefore, they are estopped from challenging the notification and the terms and conditions of the advertisement.
(Downloaded on 11/11/2023 at 04:32:29 PM)[2023/RJJP/004182] (13 of 14) [CW-1428/2023] Learned Additional Advocate General has also pointed out that the selection process for the post of Assistant Fire Officer/Fireman has already been completed. Learned counsel has prayed to dismiss all the writ petitions as also to vacate the interim stay order, if any.
Having heard learned Additional Advocate General and from perusal of the material available on record, it is not indispute that the direct recruitment for the post of Assistant Fire Officer/Fireman, is to be made under the procedure and scheme enumerated in the Rajasthan Municipal (Subordinate and Ministerial Service) Rules, 1963. Rule 21 of Rules of 1963 has been amended vide notification dated 05.10.2021 as extracted hereinabove and as per amended rule, amended advertisement dated 05.10.2021 had also been issued prior to the recruitment process. As far as applicability of Rule 21(2) of Rules of 1963, promulgated vide notification dated 05.10.2021 to the present recruitment, the issue has already been decided and stands at rest by the judgment dated 02.02.2023 passed by the Division Bench in the case of Anoop Yadav (supra) and other connected matters.
It is not case of any of the petitioners that despite falling within ten times candidates of their respective category, he/she was not shortlisted/summoned to appear for practical and physical test, therefore, this Court is of the opinion that merely on account of fact that petitioners have secured minimum qualifying marks of 33% or 28%, as the case may be, in the written examination, they cannot claim to appear in the practical and physical test as of (Downloaded on 11/11/2023 at 04:32:29 PM) [2023/RJJP/004182] (14 of 14) [CW-1428/2023] right in view of the Rule 21(2) of Rules of 1963 and as per amended advertisement dated 05.10.2021.
Taking note of the aforesaid discussion, this Court finds that petitioners have lost interest in pursuing the writ petitions on merits and since none of petitioners have put in appearance, therefore, all the writ petitions are dismissed in default and for non prosecution.
Stay order, if any, passed in the writ petitions stand vacated and all the stay applications are dismissed.
A copy of this order be placed in each and every connected matter.
(SUDESH BANSAL),J RAJAT/93-151 (Downloaded on 11/11/2023 at 04:32:29 PM) Powered by TCPDF (www.tcpdf.org)