Rajasthan High Court - Jodhpur
Mukesh Kumar vs Raj. Public Service Commission(Rpsc) on 6 August, 2020
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11826/2018
Mukesh Kumar S/o Shri Malji Maida, Aged About 26 Years,
Village Khajura, Post Unkala, Tehsil Kushalgarh, District
Banswara(Raj.)
----Petitioner
Versus
1. Raj. Public Service Commission (RPSC), Through Its
Secretary.
2. The Director, Department Of Treasury And Accounts,
Jaipur, A Block, Vitt Bhavan, Jyoti Nagar, Janpth,
Jaipur(Raj.)
----Respondents
For Petitioner(s) : Mr. Pankaj Mehta, on video call
For Respondent(s) : Mr. Khet Singh, on video call
Mr. Sandeep Shah, AAG on video call
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 06/08/2020 In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.
The matter comes up on applications No.02/19 and 01/20 for early listing and hearing of the matter.
For the reasons mentioned in the applications, the same are allowed.
With the consent of learned counsel for the parties, the matter has been decided finally.
The petitioner has preferred this writ petition under Article 226 of the Constitution of India claiming the following reliefs: (Downloaded on 08/08/2020 at 08:37:22 PM)
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"I. The writ petition preferred by the petitioner may kindly
be allowed with all consequential benefits. II. The impugned communication issued by the RPSC dated 26.07.2018 (Annex.5) may kindly be quashed and set aside.
III. That the respondents may be directed to consider the petitioner for the post of Junior Accountant in category of TSP- ST according to his merit and consequently, he may be declare eligible candidate for referring his name to the appointing authority i.e. respondent No.2. It may further be directed the respondent No.2 to consider the petitioner for appointment on the post of Junior Accountant in view of having secured higher marks than the cut off marks in the category of TSP-ST.
IV. Any other appropriate order or direction that may be deemed just and proper in the facts and circumstances of the case kindly be passed in favour of the petitioner." The short controversy involved in the present writ petition is that the petitioner had applied for the post of Junior Accountant and Tehsil Revenue Accountant Examination, 2013 in pursuance of the advertisement dated 18.09.2013 under the Rajasthan Subordinate Accounts Service Rules, 1963.
Learned counsel for the petitioner Mr. P.R. Mehta has drawn attention of this Court towards Annexure-2, which the application form, in which, Column No.3.7, the category of the present petitioner has been mentioned as TSP-ST. He further drawn attention of this Court towards merit position, which is 315.90 as per Annexure-3. He also drawn attention of this Court to the overall position, in which, the cut off for TSP-ST candidate is 314.80.
Learned counsel for the petitioner further submits that RPSC has admitted in its reply at paragraph 6 that that the petitioner is able to secure more marks than the cut off in the TSP-ST (Downloaded on 08/08/2020 at 08:37:22 PM) (3 of 4) [CW-11826/2018] category, but he does not fall within the category of Outstanding Sportsperson. Paragraph 6 of the reply reads as follows:
"It is humbly submitted that as per the reshuffled result dated 17.5.2018, the petitioner has been able to secure more marks than the cut off marks in the category of TSP-ST but his name could not be recommended to the concerned department, looking to the direction and in compliance of the order dated 09.8.2018 passed by this Hon'ble Court in the present writ petition filed by the petitioner."
Mr. Khet Singh Rajpurohit, learned counsel appearing on behalf of RPSC submits that if the petitioner is falling within the merit of TSP-ST, then RPSC has no objection to recommend his appointment on merits.
Mr. Sandeep Shah, learned Additional Advocate General appearing on behalf of State, however, submits that there has been a revision of the merit, subsequently, due to various orders passed by this Court and, in case, the petitioner is not in the merit then such appointment should not be given to him.
After hearing learned counsel for the parties and perusing the record of the case, this Court deems it appropriate to allow the present writ petition in the following terms:
(i) The petitioner, who has appeared in the selection process of Junior Account in TSP-ST category should be given appointment with all consequential benefits, if he is otherwise eligible in the TSP-ST category.
(ii) The question of Outstanding Sportsperson no more remains to be adjudicated as the learned counsel for the petitioner does not contest the Outstanding Sportsperson disqualification.
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(iii) The respondents are directed to give appointment to the petitioner on the post of Junior Accountant in the TSP-ST category within a period of three months from today with all consequential benefits provided he qualified for the merits in TSP-ST category. It is made clear that all consequential benefits shall be notional in nature.
Stay petition stands disposed of accordingly.
(DR. PUSHPENDRA SINGH BHATI),J 13-Zeeshan/-
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