SANDEEP KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a declaration that petitioner is entitled to get the benefit of reservation provided for Ex-serviceman in the selection process of Lecturer, School Education commenced by notification dtd. 28/4/2022 and direct the RPSC to consider the candidature of the petitioner as Ex-serviceman.

(2.) It is inter alia indicated in the petition that the petitioner was appointed as Teacher Gr.III Level - 2 (Social Studies) through recruitment process initiated vide notification issued in the year 2012 by availing the benefit of reservation meant for Exserviceman. The advertisement dtd. 28/4/2022 was issued by the respondents for recruitment on the post of Lecturer, School Education, wherein, the petitioner applied in Ex-serviceman category. After conduct of examination by the RPSC, the result was declared and two times the candidates were called for document verification. The petitioner was called for counselling/document verification on 28/7/2023. On 11/8/2023, the RPSC published a Press note along with the list of candidates, whose documents were carrying deficiencies (Annex.7). Against the name of petitioner, it was indicated 'B.Ed. Original degree, Double benefit, remove Ex, Fees not received' and time was granted to remove the deficiencies. The petitioner removed the deficiencies pertaining to original degree and fees, however, regarding purported deficiencies pertaining to his seeking benefit of reservation as Ex-serviceman, the same was refused and a communication was received on whatsapp indicating the change in his category from Ex-serviceman.

(3.) Submissions have been made that the petitioner has been deprived from the reservation provided to Ex-Serviceman based on the provisions of Rule (2-A) of the Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules, 1988 ('the Rules, 1988').