KAMLESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These special appeals are filed by the appellants being aggrieved with the judgment dtd. 20/12/2021 passed by the learned Single Judge in various writ petitions, whereby the writ petitions have been dismissed for the reasons; (i) nonimpleadment of necessary parties; (ii) failure on the part of the appellants in questioning the validity of the corrigendum dtd. 4/6/2018; (iii) the appellants being estopped from questioning the validity of inclusion of candidates of the newly included TSP area having been participated in the selection process after issuance of corrigendum dtd. 4/6/2018; (iv) the writ petitions being highly belated and (v) alternate relief regarding increase of post being not available.

(2.) Brief facts of the case are that the RPSC issued advertisement dtd. 9/4/2018 inviting applications for the post of Senior Teacher Grade-II in various subjects for TSP areas under the provisions of Rajasthan Scheduled Areas Subordinate, Ministerial and Class-IV Service (Recruitment and Other Service Conditions) Rules, 2014 (hereinafter to be referred as 'the Rules of 2014') for different number of posts in different subjects. The written examinations were conducted and merit of the candidates was prepared on the basis of aggregate marks of both papers. After declaration of the result, candidates two times the total number of vacant posts were called for document verification and the result of the examination was declared on 29/7/2019, 8/8/2019 and 2/9/2019 for different subjects. After verification of the documents of the candidates, final select/merit list was issued on 16/3/2020, 12/2/2020, 27/2/2020 and 16/3/2020 for different seats. Admittedly, the appellants could not obtain more marks than the cut-off of the selected candidates. At this stage, the appellants have filed writ petitions challenging the action of the State Government for inclusion of the candidates of non-TSP areas on the ground that advertisement was issued on 9/4/2018 as per the vacancies determined on 1/4/2018, however, later on, the State issued a notification dtd. 19/5/2018, whereby the scheduled area is extended and then, the RPSC issued a corrigendum dtd. 4/6/2018, whereby it has extended the last date for filling up on-line applications up to 16/6/2018 in relation to the advertisement dtd. 9/4/2018 and as such an opportunity was provided to the candidates residing in newly included TSP areas to apply pursuant to the advertisement dtd. 9/4/2018, whereas it is not permissible under the law.

(3.) It was argued on behalf of the appellants before the learned Single Judge that in terms of the provisions of Rules of 2014, the vacancies are to be determined on 1st of April every year as such the advertisement which was issued on 9/4/2018, the vacancies indicated therein were upto 1/4/2018 and, therefore, the respondents could not have included the candidates of the newly added TSP areas qua the said vacancies, which pertain to the TSP area as it existed on 1/4/2018. It was also contended that the corrigendum dtd. 4/6/2018 issued by the RPSC was contrary to the circular dtd. 1/6/2018 issued by the Department of Personnel, wherein it is specifically provided that the provisions of the notification dtd. 19/5/2018 would apply to the advertisements issued after 19/5/2018.