HARI NARAYAN YADAV Vs. RAJASTHAN HIGH COURT JODHPUR

JUDGEMENT

(1.) In these cases, the petitioners are Ex-servicemen. They had applied for advertisement issued by the High Court administration on 22/7/2020 for the post of drivers. They have not been shortlisted on account of the criteria applied by the High Court calling ten times the number of candidates compared to the notified vacancies. They have raised an issue of such cut off marks being wrongly applied and also argued that in case of Ex- servicemen, special consideration should apply. Learned counsel for the respondents pointed out that both these issues have been decided by this Court. The validity of cut off marks as applied in the present selection process came up for consideration before the present Division Bench in Khushi Ram Gurjar v. Rajasthan High Court in Civil Writ Petition No.10274/2020 and connected petitions decided on 28/10/2021 in which after referring to earlier Division Bench judgments of this Court and several Supreme Court judgments, the action taken by the High Court administration in providing such cut off marks has been upheld. With respect to the question of such cut off marks for Ex- servicemen, we are informed that issue is covered by the judgment of Division Bench of this Court in the case of Vikram Singh Chouhan v. State of Rajasthan and Ors. decided on 16/5/2014. Counsel pointed out that in this case, a person belonging to physically handicapped category for which horizontal reservation has been provided had asked for prescribing separate cut off marks for such categories. This contention was not accepted in the judgment by the Division Bench making following observations:-

(2.) Learned counsel for the petitioners were unable to draw a distinction in context of both the contentions which had come up for consideration before this Court earlier.