This order disposes of a writ petition concerning employment grievance by covering it under the judgment in a similar coordinate bench case (Sita Ram), directing the respondents to consider the petitioner's representation with the specified order.
Disposal of the writ petition by covering it with the order in Sita Ram Vs. UOI & Anr.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. CIVIL WRIT PETITION NO.14920/2015
(Rampal Meena Vs. Union of India & Anr.)
Date of Order : 06th October, 2015
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr.R.B.Sharma (Ganthola), for the petitioner/s. By the Court:
It is stated that in the similar writ petition bearing SB Civil Writ Petition No.7550/2015 titled as Sita Ram Vs. UOI & Anr. decided on 04th September, 2015, the Coordinate
Bench has passed following order :
“Pursuant to advertisement for recruitment of Constables (GD) in BSF, CISF, CRPF and SSB published on 5.2.2011, petitioner applied for appointment on the post of Constable (GD) under Other Backward Class category. He cleared the written test. He also found fit in the medical examination. Grievance of petitioner is that less meritorious candidates have been given appointment and also permitted to join, but still the petitioner has not been appointed. Hence this writ petition praying for a direction to the respondents to give them appointment on the post of Constable (GD) in any other organization i.e. BSF, CRPF, CIPF or
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SSB from the date less meritorious candidates than the petitioner, have been given appointment, with all consequential benefits. Learned counsel for the petitioner has cited the judgement of this Court dated 17.07.2014 passed in S.B. Civil Writ Petition No.7198/14, Kishan & Ors. Vs. UOI and Another.
It is stated that note no.4 has been mentioned in the admission card of candidates that the candidates will be considered for posting in Assam Rifle/ITBP against the let out vacancies in these forces only after filling up the vacancies from among the candidates who applied for the concerned recruitment subject to approval of MHA and since the petitioner fulfill the above option as such he is entitled to get appointment in Assam Rifle, more so when he secured more marks than the cut off marks.
In the facts of the case, writ petition
is disposed of requiring the petitioner to approach the respondents by filing a representation along-with a copy of this order, who shall, after verifying the facts afore- stated, shall consider and decide the same by a
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speaking order addressing his grievance or otherwise give reasons why he has not been given appointment despite his securing higher merit, within six weeks from the date of its making, under intimation to the petitioner.
Writ petition accordingly stands disposed of. This also disposes of stay application.”
Accordingly, a prayer is made to cover the present case by the order in the case supra, as otherwise the respondents would be considering the representation/request of the petitioner.
In view of the prayer made, this writ petition is also disposed of so as the stay appliation and is ordered to be covered by the judgment in the case of Sita Ram (supra). It is, however, made clear that if the respondents find any difficulty to carry out the order, they would be at liberty to file the application for recalling or modification of the order within a period of 15 days from the date of receipt of certified copy of this order. In absence of which, it would be presumed that they have no objection to consider the case of the petitioner on his representation/request, as has been directed in the case supra.
(M.N. BHANDARI),J.
S/No.263 Preeti, PA
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All cor r ect ion s m ade in t h e j u dgm en t / or d er h ave been in cor por at ed in t h e j u dg m en t / or der bein g em ailed.
Pr eet i Asopa P.A.
2 issues framed by the court
Whether the present writ petition should be disposed of in accordance with the order passed in a similar coordinate bench case.
Whether the petitioner is entitled to appointment in any armed force given the specific order in Sita Ram case.
Colour shows how this judgement treated each authority
S.B. Civil Writ Petition No.7550/2015 titled as Sita Ram Vs. UOI & Anr.Followed¶10
Rampal Meena
Union of India
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
