Rajasthan High Court - Jaipur
Sunita Gurjar Daughter Of Shri Ramesh ... vs State Of Rajasthan on 4 January, 2023
Author: Sudesh Bansal
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14930/2021
Sunita Gurjar Daughter of Shri Ramesh Chand Gurjar, aged about 28
Years, Resident of Plot No. B-31, Near Water Tank Sawai Gator,
Jagatpura Road, Jaipur (Raj.)
----Petitioner
Versus
1. State of Rajasthan, Department of Home, Through Its
Secretary, Govt. Secretariat, Jaipur (Raj.)
2. Director General of Police, Police Head Quarter, Lalkothi, Jaipur
(Raj.)
3. Inspector General of Police (Recruitment), Police Head Office,
Rajasthan, Jaipur (Raj.)
4. Commissioner of Police, Commissionrate, Jaipur- 13 (Raj.)
----Respondents
For Petitioner(s) : Mrs. Sudesh Kasana
For Respondent(s) : Mr. P.S. Naruka for
Mr. Rupin Kala, GC
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
04/01/2023
This writ petition under Article 226 of the Constitution of India has been filed by the petitioner claiming four marks on account of acquiring degree of LLB for appointment to the post of Constable pursuant to advertisement dated 4-12- 2019.
2. Counsel for petitioner submitted that vide advertisement dated 4-12-2019 about 5000 posts of Constable General and Constable Driver were advertised and applications were invited. Amongst other conditions, condition No.10(iv)2 was that 4 marks were to be awarded to candidates who possess graduate degree in police administration/ law/ social subject. Since the petitioner possess degree of LLB (Law Graduate), she is entitled to four marks for appointment to the post of Constable. It has been submitted that petitioner belongs to (Downloaded on 06/01/2023 at 11:19:59 PM) (2 of 4) [CW-14930/2021] Female MBC category and in the recruitment process the petitioner obtained 61.625 marks and the last cut off marks in MBC female category is 61.750 marks. It has been submitted that in case 4 marks on account of having LLB degree is awarded to petitioner, she would be entitled for appointment to the post of Constable.
3. On issuing notice to respondents, reply to writ petition has been filed. It has been submitted that although initially in the advertisement in issue in point No.10(iv)2 it was mentioned as degree in subjects of Police Administrative/ Law/ Social, but when the mistake was noticed a corrigendum was issued on 13-7-2020 (Annexure-R/1), much prior to conducting the recruitment process, and it was provided that such graduate degree course must consists of police administration and law & Society. Further in the list of documents (Annexure-R/3) filed by petitioner at the time of recruitment process she herself marked the clause 11 of the same as "no". In such circumstances now the petitioner cannot claim four marks for possessing the degree of LLB for appointment to the post of Constable and the writ petition is not maintainable.
4. Heard counsel for parties and perused the material available on record.
5. Admittedly, for appointment to the post of Constable, the petitioner is claiming four marks on account of possessing degree of LLB. A perusal of the corrigendum dated 13-7-2020 indicates that respondents, much prior to conducting the recruitment process, corrected the condition 10(iv)2 of the advertisement. The relevant conditions read thus:-
(Downloaded on 06/01/2023 at 11:19:59 PM)(3 of 4) [CW-14930/2021] मूल विज्ञपञप्ति कि के वे बिन दु स्दु सं संखु संख्या - 10 (iv) में ननियमु संख्यानिदु सु संख्यार अ्दु संव कत हहै क. दु स्दु सं. डिप्लोमु संख्या / उपाु संख्याधि प्ु संख्याञप्ति अ्दु सं क 1 एम.ए./ एम.एदु स.दु सी. व्रिपमनि्लोलु संख्याजी, दु सु संख्याइे बिर दु सरकु संख्या एि्दु सं इदु सदु सि के दु सम्ब्बनम्बन्धित 5 विषय 2 पाललदु स प्शु संख्यादु सननि क / कु संख्यानिूनि / दु स्लोदु सु संख्याइटी विषय्लो में सु संख्यात क उपाु संख्याधि 4 3 उपार्लोक्त विषय्लो में डिप्लोमु संख्या प्ु संख्याञप्ति । 3 वे बिन दु स्दु सं संखु संख्या - 10 (iv) में ननियमु संख्यानिदु सु संख्यार दु स्दु संश्लो नि पाढ़ु संख्या जु संख्यािि के क. दु स्दु सं. डिप्लोमु संख्या / उपाु संख्याधि प्ु संख्याञप्ति अ्दु सं क 1 एम.ए./एम.एदु स.दु सी (व्रिपमनि्लोलु संख्याजी) और मु संख्यास्टर ऑफ दु सु संख्याइ्दु संदु स (दु सु संख्याइे बिर दु सरकु संख्या) 5 एि्दु सं अन्य सु संख्यात क्लोत्तर क्लोदु स्तर कोर्स ्बनजदु समि के पाललदु स प्शु संख्यादु सनि इदु स विषय ह्लो । 2 ऐदु सु संख्या सु संख्यात क क्लोदु स्तर कोर्स ्बनजदु समि के पाललदु स प्शु संख्यादु सनि और कु संख्यानिूनि एि्दु सं दु समु संख्याज विषय ह्लो। 4 3 उपार्लोक्त विषय्लो में डिप्लोमु संख्या प्ु संख्याञप्ति । 3
6. From perusal of the corrigendum advertisement it stands clear that for entitlement of four marks a candidate should possess Bachelor degree in Police Administration and Law & Society. The petitioner has produced only the degree of LLB (Law Graduate) and has not produced any document to show having Bachelor degree in Police Administration and Law & Society, therefore the claim for entitlement of four marks, merely on the basis of degree of Law Graduate is not in consonance with the amended corrigendum. The claim of petitioner for entitlement of 4 marks on the basis of initial advertisement dated 4-12-2019 is misplaced in view of subsequent corrigendum dated 13-7-2020. In addition it has also been noticed from perusal of list of documents, submitted by the petitioner at the time of recruitment process, that clause 11 of the same was regarding diploma/ degree or certificate of NCC, Home Guard and Police but the petitioner has replied for the same that she did not possess any such degree.
7. In such circumstances this court is of the view that for the post of Constable the petitioner can not claim four marks (Downloaded on 06/01/2023 at 11:19:59 PM) (4 of 4) [CW-14930/2021] only on account of having degree of LLB according to the corrigendum advertisement. Graduation must be in Police Administration with Law & Social subject for obtaining four marks. Mistake in the advertisement dated 4-12-2019 was already corrected vide corrigendum dated 13-7-2020, much prior to recruitment process. The petitioner has also not challenged the said corrigendum.
8. Reliance placed by counsel for petitioner on order dated 8-8-2015 in SBCWP No.6308/2015, Avadhesh Singh Gurjar Vs. State of Rajasthan is of no help of petitioner as in the said case NCC certificate of the petitioner was not considered. Similarly in case of order dated 15-7-2016 in DB Special Appeal (Writ) No.317/2016, Hukma Ram Bishnoi Vs. State of Rajasthan, the Division Bench of this court directed respondents to grant bonus marks to petitioners pursuant to the advertisement.
While in the instant case the mistake of advertisement was already corrected vide corrigendum and the petitioner herself at the time of recruitment process admitted that she did not possess any degree as required in the advertisement vide corrigendum.
9. Therefore, there is no force in the writ petition and the same is hereby dismissed.
10. Stay application also stands dismissed.
11. All pending application(s), if any, also stands disposed of.
(SUDESH BANSAL),J Arn/36 (Downloaded on 06/01/2023 at 11:19:59 PM) Powered by TCPDF (www.tcpdf.org)