SBCWP NO.5746/2010 - ARJUN SINGH V/S STATE OF RAJASTHAN AND ORS. :JUDGMENT DTD.5.7.2010
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
S.B. CIVIL WRIT PETITION NO.5746/2010
Arjun Singh
Versus
State of Rajasthan and ors.
PRESENT
HON'BLE Dr.JUSTICE VINEET KOTHARI
Mr.H.S.Sidhu, for the petitioner
DATE OF JUDGMENT : 5th July, 2010.
JUDGMENT
1. Heard the learned counsel.
2. By Annex.2, candidature of the petitioner in the selection
process of Prabodhak was rejected on the ground vide item No.8 in
the impugned order that he does not hold the prescribed qualification
of BSTC.
3. The learned counsel for the petitioner submits that he
entered into the said course of BSTC in the year 2006 and passed out
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the same on 5.7.2009. The interview for selection on the post of
Prabodhak were first held, according to the petitioner in para 5, on
19.2.2010 and again on 29.6.2010. The petitioner further stated in
para 5 that ” the petitioner acquired the qualification of BSTC at the
time of interview and therefore, he was eligible to be considered for
the post of Prabodhak. The learned counsel for the petitioner relying
upon the decision of the Hon’ble Supreme Court in the case of Ashok
Kumar Sharma V/s Chander Shekhar and anr. reported in 1993
Supp. (2) SCC 611 submitted that the qualification on the date of
interview should be taken into account by the respondent – authorities
as it was considered in better public interest to widen the choice of
selection in the said manner.
4. From the perusal of para 5 and the impugned order
Annex.2 dtd.31.5.2010, it does not appear to this Court that the
petitioner ever informed formally or with some documents the
respondents – authorities about the factum of his having passed the
said eligibility qualification of BSTC in the year 2009. Mere
acquiring of said qualification even if it was to be true unless brought
to the notice of the respondents, the respondents authorities cannot be
faulted in passing the impugned order Annex.2 on 31.5.2010 rejecting
the candidature of the petitioner on the ground that the petitioner
was not eligible as per the information given in the application filed
in the year 2008. Para 5 does not specifically state that the petitioner
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brought it to the notice of the respondents that he has acquired the
qualification of BSTC before the earlier round of interview held on
19.2.2010.
5. Consequently, this Court is of the view that this writ
petition as has been framed cannot succeed. Accordingly the present
writ petition is dismissed. No order as to costs. A copy of this order
be sent to the respondents immediately.
(Dr.VINEET KOTHARI)J.
Item No.8
Ss/-