The High Court of Rajasthan dismissed a writ petition seeking regularization of the petitioner as a Prabodhak. The court held that eligibility obtained via a supplementary examination result declared after the cut-off date does not relate back to the original date.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 5465/2018
Harikishan Beniwal S/o Shri Harlal Beniwal, By Caste- Jat, Resident Of Village And Post- Raitunda, Tehsil- Taranagar, District- Churu Raj.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. M.S. Soni. For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI Order
27/11/2018
This writ petition has been filed by the petitioner seeking a direction to the respondents to regularize the petitioner on the post of Prabodhak under the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 (‘the Rules of 2008’) with all consequential benefits.
It is inter alia claimed in the writ petition that the petitioner was appointed on the post of Shiksha Karmi Teacher on 1.7.2002. The petitioner has also passed his BSTC. Under the provisions of the Rules of 2008, advertisement for appointment to the post of Prabodhak was issued on 31.5.2008. The petitioner though applied, however, on account of his not having passed BSTC on the cut-off date, he was not granted appointment. The claim made
(2 of 2)
[CW-5465/2018]
by counsel for the petitioner is that the petitioner got supplementary which was cleared by him subsequent to the cutoff date and, therefore, the petitioner is entitled to be granted appointment under the Rules of 2008.
Admittedly, the result of the supplementary was declared after the cut-off date. It is well settled that based on result of supplementary, the date of result does not relate back to the original result and it is only when the candidate passes the supplementary exam that date will be taken as the date of qualifying the exam / obtain eligibility.
In view thereof, as the petitioner had obtained eligibility after the cut-off date, he is not entitled to any relief. There is no substance in the writ petition. The same is, therefore, dismissed.
(ARUN BHANSALI),J
19-Sumit/-
3 issues framed by the court
Whether an applicant who obtained eligibility for a post subsequent to the specified cut-off date is entitled to regular appointment and consequential benefits under the relevant service rules.
Whether the date of result declaration of a supplementary examination relates back to the original examination date for the purpose of eligibility determination.
Whether the writ petition seeking regularization of the petitioner's appointment is maintainable in view of the eligibility criteria under the 2008 Rules.
1 provisions across 1 enactments
Harikishan Beniwal
The State Of Rajasthan
The Director, Elementary Education, Rajasthan
The District Education Officer Elementary Education, Churu
The Chief Executive Officer, Zila Parishad, Churu
The Block Project Co-Coordinator Shiksha Karm, Panchayat Samiti Taranagar
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
