RAMESH CHAND MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two special appeals have been preferred by the original writ petitioners for assailing the orders dtd. 17/2/2021 passed by the learned Single Bench in S.B. Civil Writ Petition Nos. 1708/2021 and 2957/2021 respectively, whereby the writ petitions preferred by the petitioners were dismissed. The petitioners approached this court by way of the above two writ petitions for assailing the rejection of their candidature by the respondent Rajasthan Public Service Commission (RPSC) in the recruitment conducted for the post of School Lecturers in various subjects vide notification dtd. 29/3/2018. As per the said advertisement, the educational qualification required for selection was second class post graduate degree in the concerned subject and having minimum 48% marks with Shiksha Shastri/B.Ed. As per the advertisement, the aspirants, who had appeared or were appearing in the last year of the qualifying examination would be entitled for applying in the selection process, but they would have to submit proof of having acquired the qualification by the last date for holding of the written examinations. The process of recruitment somehow remained in abeyance. A corrigendum dtd. 6/1/2020 was issued by the Commission inviting fresh applications with a condition that the candidates, who had already filed their applications need not apply again.

(2.) In this corrigendum, reservation was provided for EWS category. The petitioners filed their applications in pursuance of this corrigendum. The petitioner Ramesh Chand Meena received the result and marksheet of Acharya (Grammar) degree on 24/12/2020 and the petitioner Ram Kishore Tada received the result and marksheet of B.Ed. degree on 31/12/2020. Thus, both the petitioner acquired the requisite qualification well after the date of conducting the written examination by the RPSC. Both the petitioners appeared in the competitive examination and were called for document verification. The Commission rejected the candidature of the petitioners vide communications dtd. 22/1/2021 and 19/1/2021 respectively assigning the reason that the petitioners had not acquired the qualifying degrees as on the date of the written examination, i.e. 4/8/2020 and hence, they were not entitled for selection. Thereupon the petitioners challenged the rejection of their candidature by filing the writ petitions, which have been dismissed as above vide orders dtd. 17/2/2020, which are assailed in this appeal.

(3.) Mr. O.P. Sangwa, learned counsel representing the appellants urged that as per the condition of the advertisement, the aspirants, who had appeared or were to appear in the qualifying examination were entitled to apply for the posts. Both the appellant-petitioners had completed the first year of qualifying course and were appearing in the final year/second year and as such, they were eligible to apply in the said recruitment process. When the petitioners appeared for document verification, they were holding the requisite qualification and hence, their candidature could not have been rejected. He, thus, implored the court to set aside the impugned orders and direct consideration of the petitioners for the post of School Lecturers.