Allowed

Sarwan Kumar Saran v. State of Rajasthan

Rajasthan HC24 Oct 2018CW/11418/2018

Case brief

AI extract

What is this about?

Petitioner relied on a prior High Court judgment directing relaxation of marks for SC/ST/OBC/PH candidates. Respondents did not dispute this submission. Court allowed the writ petition following the precedent, maintaining an interim order to prevent preclusion of participating candidates.

What did the court decide?

Writ petition allowed with directions similar to Lalit Kumar case; earlier interim order declared applicable to avoid prejudice; no re-initiation of selection.

Sarwan Kumar Saran Vs State of Rajasthan — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ No. 11418/2018

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Sarwan Kumar Saran S/o Sh. Ram Karan Saran, Aged About 29 Years, Village Gopalayan, Post- Kapurisar, Tehsil Lunkaransar, District Bikaner, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Higher Education, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

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Commissioner, Commisionerate Of College Education, Government Of Rajasthan, Block-Vi, Dr. S. Radhakrishanan Shiksha Sankul, Jawahar Lal Nehru Marg, Jaipur-302015 (Raj.).

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Rajasthan Public Service Commission, Through Its Secretary, Ajmer (Raj.).

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----Respondents

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For Petitioner(s) : Mr. K.R. Saharan For Respondent(s) : Ms. Sweta Bora for Mr. Anil Bissa

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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24/10/2018

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It is submitted by learned counsel for the petitioner that the issue raised in the present writ petition is squarely covered by judgment in the case of Lalit Kumar v. University Grants Commission & Ors. : S.B. Civil Writ Petition No. 7545/2017, decided on 28.11.2017.

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In the said judgment it was, inter alia, directed by the Court as under:-

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“19. Thus in view of the aforesaid observations the present writ petitions are allowed and the respondents are

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(2 of 2)

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[CW-11418/2018]

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directed to provide relaxation of 5% marks at UG Level, PG Level and for assessment of good academic record to the candidates belonging to SC/ST/OBC and PH Category as being mandated by the UGC Regulations of 2010 and 2016. Since already an interim order was operating in favour of the petitioners and they have participated in favour of the petitioners and they have participated in the selection process for the post and the selections have not culminate into finality therefore the present order shall be applicable for all petitioners only as reinitiating the selection shall be prejudicial to all the participating candidates.”

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Learned counsel appearing for the respondents is not in a position to dispute the submissions made by learned counsel for the petitioner.

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In view of the submissions made, the writ petition filed by the petitioner is allowed in light of and with similar directions as given in the case of Lalit Kumar (supra).

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(ARUN BHANSALI),J

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A.K. Chouhan/-91

Sarwan Kumar Saran v. State of Rajasthan

Case brief

What is this about?

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Sarwan Kumar Saran v. State of Rajasthan

Case brief

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