Judgment dismissing writ petitions challenging non-appointment in Police Constable recruitment due to alleged failure to upload admit cards, holding that timely upload and advertisement notice absolve the respondents.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 13834/2018
Surendra Singh Jodha S/o Shri Hukum Singh, Aged About 23 Years, House No. 80, Village Sanvarad, Tehsil Ladnu, District Nagaur, Rajasthan.
----Petitioner
Versus
----Respondents
Connected with
S.B. Civil Writ No. 15011/2018
Kesha Ram S/o Chima Ram, Aged About 28 Years, Beriwala Gaon, Kurla, District Barmer, Rajasthan
----Petitioner
Versus
----Respondents
S.B. Civil Writ No. 15855/2018
Surender S/o Shri Fate Singh, Aged About 21 Years, B/c Jat, R/o Village Mundi Taal, Tehsil Rajgarh, Churu.
----Petitioner
Versus
(2 of 5)
Home, Government Of Rajasthan, Jaipur.
----Respondents
S.B. Civil Writ No. 16294/2018
Vikash Kumar S/o Mangtu Ram, Aged About 22 Years, By Caste Jat, Village Rolasar, Post Tolasar, Tehsil Sardarshahar, District Churu (Raj.)
----Petitioner
Versus
----Respondents
S.B. Civil Writ No. 16398/2018
Pankaj Sharma S/o Lokesh Kumar Sharma, Aged About 23 Years, Resident Of Mahadev Gali, Bayana, District Bharatpur.
----Petitioner
Versus
----Respondents
S.B. Civil Writ No. 16411/2018
Dariya D/o Ghamanda Ram, Aged About 18 Years, Dhatarwalon Ka Tala Kolu, Tehsil - Baytu, District- Barmer.
----Petitioner
Versus
(3 of 5)
Department , Jaipur.
----Respondents
S.B.Civil Writ Petition No.17902/2018
Sukha Ram s/o Bhoma Ram aged about 25 years, by caste Jat, resident of village Thabukara, Post Daikara, District Jodhpur.
Versus
------Respondents
S.B.Civil Writ Petition No. 16285/2018
Lahpuri Meena s/o Shri Swaroop Meena, by caste Meena, aged about 28 years, resident of village Kuagaon, Tehsil Bamanwas, post Bichpuri, Sawai Madhopur.
-----Petitioner
Versus
------Respondents
(4 of 5)
| For Petitioner(s) | : | Mr. R.K.Charan. Mr. Siddharth Karwasra. Mr. Vikas Bijarnia. Mr. R.S.Choudhary. Mr. Shreyansh Mardia. Mr. Pradeep Choudhary. |
|---|---|---|
| For Respondent(s) | : | Ms. Deepika Purohit & Mr. Dinesh Ojha for |
| Mr. P.R.Singh, AAG. |
HON'BLE MR. JUSTICE ARUN BHANSALI Order
03/12/2018
These writ petitions have been filed by the petitioners seeking a direction to the respondents to conduct their PST/PET pursuant to the Constable Recruitment Advertisement - 2018.
It is inter alia indicated in the writ petitions that the respondents did not indicate the uploading of admit cards pertaining to the PST/PET and as the petitioners had no knowledge about the uploading of the admit cards, they could not download the same in time and by the time they downloaded the admit cards, the date fixed for PST/PET was already over and, therefore, the petitioners could not participate in the PST/PET.
It is submitted that the petitioners may be granted one more opportunity to participate in the PST/PET and in case they qualify and stand in merit, they may be accorded appointment.
Replies to the few writ petitions have been filed by the respondents vehemently opposing the submissions made. It is submitted that after the declaration of result of written examination, the admit cards were uploaded well in time and merely because the petitioners chose not to download the same, they are not entitled for grant of any relief and the writ petitions deserve to be dismissed.
(5 of 5)
I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
A bare look at the admit cards indicates that the petitioners have downloaded the same after the date fixed for PST/PET, which clearly indicates that insofar as uploading of the admit cards is concerned, the same was done by the respondents, as claimed in reply to the writ petitions.
So far as the plea that the respondents did not inform the petitioners regarding uploading of the admit cards is concerned, the advertisement itself clearly provided that the information about recruitment would be uploaded on the website of the Police Department and candidates were directed to continue to visit the website from time to time. Once the stipulation pertaining to information regarding recruitment and/or uploading of admit cards is clearly indicated in the advertisement, the so called expectation of the petitioners regarding individual information with regard to uploading of the admit cards is totally misplaced.
As the petitioners have failed to participate in the PST/PET, despite uploading of admit cards in time and some of the petitioners having approached this Court after a substantial gap of time since non-appearance/failure to appear on the dates fixed for PST/PET, apparently inspired by the judgment of this Court in Rajesh Kumar vs. State of Rajasthan : S.B.Civil Writ Petition No.13790/2018 decided on 6/10/2018, the petitioners are not entitled to any relief.
Consequently, there is no substance in the writ petitions and the same are, therefore, dismissed.
(ARUN BHANSALI),J
baweja/-
2 issues framed by the court
Whether the petitioner is entitled to an opportunity to participate in PST/PET when admit cards were uploaded in time but the petitioner failed to participate or downloaded them late.
Whether the respondents' decision to dismiss the petitions due to the petitioners' failure to appear in the PST/PET is legally tenable.
Colour shows how this judgement treated each authority
Rajesh Kumar vs. State of RajasthanReferred¶91
Rajesh Kumar vs. State of Rajasthan : S.B.Civil Writ Petition No.13790/2018
Surendra Singh Jodha
State Of Rajasthan
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
