ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed the instant contempt petition alleging that the respondents have failed to comply with the order dtd. 7/4/2021 passed by this court, whereby the Division Bench directed the respondents to apply the judgment rendered by Hon'ble Supreme Court in the case of Rajesh Kumar to the present petitioner and extended him the same relief. The petitioner has pleaded in paras 5, 6, 7 and 8 of the contempt petition as below :-

(2.) The matter was taken up on 10/5/2022, on which day, the Mr. M.L. Lathar, DGP and Mr. Harshvardhan Agarwal, S.P. Jalore, present through VC, apprised the court that the petitioner has intentionally concealed the fact that after receiving his representation in terms of the order dtd. 7/4/2021, the petitioner was intimated vide letter dtd. 6/9/2021 that he did not secure the requisite number of marks for being appointed on the post of Constable. It is specifically pleaded at para 5 of the reply that these facts are in knowledge of the petitioner and the letter dtd. 6/9/2021 was sent to him. A copy of this compliance report was provided to the petitioner's counsel on 9/5/2022. An additional affidavit of the petitioner was filed on 10/5/2022, wherein there was no denial to the assertion made in the reply that the order dtd. 6/9/2022 was conveyed to the petitioner and his counsel.

(3.) An additional affidavit dtd. 12/5/2022 sworn by the SP, Jalore has been filed on record, wherein it is clearly asserted that vide registered letter dtd. 9/7/2021, counsel for the petitioner was also informed that the candidature of the petitioner was duly considered by the respondents. However, the petitioner was not selected on the post of Constable as he did not secure the requisite marks so as to stand in merit.