JAI KISHAN SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition pertains to selection or appointment of the petitioner in pursuance of Advertisement dated 09.04.2007 for the post of Sub-Inspector (Armed Police), Platoon Commandar (Sub-Inspector, RAC), Sub-inspector, (Mewar Bhil Corps or MBC) and in the back ground of two judgments rendered by the coordinate bench of this Court in the case of Mangla Ram Bishnoi v. State of Rajasthan, 2011 1 WLC(Raj) 148 decided on 30.06.2010 since and decision in the case of Ramnarayan Bhanwaria v. The State of Rajasthan and ors. - S.B. Civil Writ Petition No. 3705/2009 decided on 20.09.2011 a copy which is place on record as Annex. 3. The petitioner participated in the said selection process and vide Annex. 1 mark-sheet, he was declared successful with 284 marks and given merit rank No. 118 for S.I. (AP), 118 for P.C. (RAC), and 111 for S.I. (MBC). The method of scaling of the marks was adopted by the respondent - RPSC in the said selection process for the subject Hindi and for the said subject, both raw marks and scaled marks were given in the said marks sheet. If scaled marks are taken into account the marks of the petitioner in the interview as well as written examination will be 284 and if raw marks are taken into account, his total marks would be 285, since, he was given raw marks in Hindi at 102 and scaled marks at 101.

(2.) The petitioner according to his preference given for Armed Police category - first category in the said Advertisement dated 09.04.2007 was appointed vide Annex-2 dated 12.08.2011 as Sub-Inspector (Armed Police) after the decision of this Court in the case of Mangla Ram Bishnoi was rendered by this Court, in the said judgment, the learned Single Judge has held that the candidates belonging to the Backward Classes scoring higher marks than the last candidate in General Category cannot be denied appointment in General Category merely, because they availed the benefit of age relaxation on the ground of their belonging to such Backward Classes. After the said judgment rendered on 30.06.2010, the petitioner was given such appointment as Sub-inspector (AP) on 12.08.2011 after being given training in the said category by the respondent - Department vide Annex.2.

(3.) Thereafter, another judgment in the case of Ramnarayan Bhanwaria was rendered by another learned Single Judge of this Court on 20.09.2011 in which, it was held that scaling of marks was illegal and was contrary to the Supreme Court decision in the case of Sanjay Singh v. U.P. Public Service Commission, Allahabad, 2007 2 JT 534 and therefore, revised merit list for such selection processes taking only the raw marks into account for Hindi Subject should be prepared and appointment to those persons, who got higher raw marks than the persons already appointed, may be offered such appointment. However, the learned Single Judge took care to hold that selection processes already taken place and appointment already offered shall not be disturbed which should save the appointment of the present petitioner also as Sub-Inspector (Armed Police) vide Order Annex.2 dated 12.08.2011, a month before the judgment was rendered in the case of Ramnarayan Bhanwaria on 20.09.2011.