Rajasthan High Court - Jaipur
Ramveer Singh vs State (Rural Develop An Panchayati ) Anr on 22 May, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 7526 / 2017
Ramveer Singh Son of Shri Darab Singh,, Aged About 35 Years,
Village and Post Naya Gaon Khalsa, Tehsil Weir, District Bharatpur.
----Petitioner
Versus
1. State of Rajasthan Through Secretary, Department of Rural
Development and Panchayati Raj,, Secretariat, Jaipur.
2. Chief Executive Officer,, Zila Parishad, Bharatpur.
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Ashok Yadav _____________________________________________________ HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order 22/05/2017 Present petition has been filed under Article 226 of the Constitution of India praying that the respondents be directed to issue appointment letter in favour of the petitioner in Other Backward Class (OBC) category as petitioner has secured more marks than the persons who are already working under OBC category as Teacher Gr.III.
Petitioner is an unfortunate person who, due to delay caused by the courts, has suffered immensely, but still the court cannot come to the rescue of the petitioner.
Briefly stated, petitioner had applied for the post of Teacher Gr.III qua the recruitment initiated by the State Government for Third Grade Teacher Direct Recruitment Examination, 2012. OMR sheet of the petitioner was wrongly evaluated. Petitioner approached this court. A favourable order was passed in his favour. The said order was not being complied with. Thereafter petitioner filed S.B. Civil Contempt Petition No.1327/2014.
(2 of 3) [CW-7526/2017] Learned counsel for the petitioner submits that the above said contempt petition was filed after second round of litigation had taken place.
Order passed on 24.9.2015 in S.B. Civil Contempt Petition No.1327/2014 reads as under:-
"Heard the learned counsel for the parties. It is apparent that the respondents have not complied with the order dated 30.4.2014 passed by the coordinate Bench in S.B. Civil Writ Petition No. 1826/2013. Furthermore, while deciding the representation of the petitioner, the respondents have admitted that due to dust on OMR Sheet at the time of OMR scanning, the reading machine had wrongly read the answer sheet of the petitioner.
Mr. Anirudh Mathur, the learned counsel for the petitioner has very fairly submitted that the answer sheet of the petitioner can be rechecked. However, he has contended that since the order of status quo has been passed by the Hon'ble Supreme Court, the appointment cannot be given to the petitioner.
I find merit in the submission made by the learned counsel for the respondent. The answer sheet of the petitioner be rechecked and the petitioner be informed of the marks obtained by him.
So far the prayer of the petitioner regarding grant of appointment letter to the petitioner is concerned, the same shall abide by the decision of the Hon'ble Supreme Court.
In view of above observation, the present contempt petition is disposed of with direction that the result after rechecking of the answer sheet shall be conveyed to the petitioner within a period of two weeks from today. "
Learned counsel for the petitioner submits that answer book of the petitioner was re-evaluated. Petitioner made to the merit list. He secured more marks than the candidates who were given appointment as Teacher Gr.III in OBC category before re- evaluation of answer book of the petitioner.
Now the irony of fate begins. In the meantime, Jats in two Districts of Bharatpur and Dholpur, because of a judgment (3 of 3) [CW-7526/2017] rendered by the Division Bench of this court, have been held not to be part of Other Backward Classes in these two districts. Therefore, less meritorious persons before the judgment rendered by the Division Bench of this court, in OBC category continued to serve State Government as Teachers as appointments made earlier to the delivery of the judgment, by fleet of law, have been saved.
Learned counsel for the petitioner has urged that since less meritorious persons are continuing in government service and they no longer belong to OBC category because of the judgment rendered by the Division Bench of this court, petitioner be also given appointment.
Persons who are continuing in government service being less meritorious under OBC category cannot be compared with the case of the petitioner as benefit of reservation which petitioner seek has been struck down by the court of law from inception.
Therefore, the petitioner as on today or earlier thereto or never was a OBC candidate due to effect of the judgment rendered by the Division Bench. It is true that sympathies of the court may be in favour of the petitioner, but nothing can be done as operation of law sometime bestow some benefit, sometime it takes away same. Hence, the petitioner has to suffer.
Consequently, present writ petition being devoid of merit is dismissed.
(KANWALJIT SINGH AHLUWALIA)J. Govind/