RAM NIWAS Vs. STATE

JUDGEMENT

(1.) PETITIONER by this writ petition has Prayed that the order Anx. 8 dated 24th May 1989 may be declared illegal by which petitioner's candidature and result of the Rajasthan State and Subordinate Services Direct Recruitment by Combined. Competitive Examination had been conceited. Petitioner appeared in the combined competitive examination of State Subordinate Services in the year 1987 and as per item 10 of form he submitted that he has appeared in combined competitive examination for State and Subordinate Services in the year 1981 and 1982. Therefore certain correspndence transpired and ultimately it was found that petitioner has also appeared earlier in the Subordinate Service Examination in 1978 but he did not disclose this fact in the application in the competitive examination held in the year 1987 was cancelled. The learned Counsel for the petitioner sumitted that under the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules, 1962 hereinafter referred to Rules of 1962 Clause (4) of Sub -rule (2) of Rule 4 permits three chances. Learned Counsel submitted that as per entry No. 10 in the form only information asked was that whether that petitioner has appeared in the combined competitive examination for State and Subordinate Services or not and he faithfully filled those columns that he appeared in 1981 and 1982. But no information was asked from the petitioner that whether he appeared in the Subordinate Services Examination or not. As against this, learned Counsel for the respondent Mr. J.P. Joshi submitted that the petitioner was supposed to have disclosed this information regarding appearance of the petitioner in examination for Subordinate Services.

(2.) I have considered the rival submissions and perused the record. As per clause (4) of Sub -rule (2) of Rule 4, the incumbent cannot avail more than three chances. So far as Clause (4) is concerned it reads as under: