Writ petition regarding appointment denial for Post of Patwari due to qualification timing. Court directed respondents to decide petitioner's claim in accordance with precedent within 30 days.
Directions to respondents to decide petitioner's claim as per precedent within 30 days.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 5979/2018
Hitendra Singh Tanwar S/o. Shri Himmat Singh Tanwar, aged about 21 years, R/o. Village Boraj Tanwaran Post Malpur, District Udaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Ms. Shweta Bora
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27.04.2018
“a) by an appropriate writ, order or direction, any order denying the selection and appointment of petitioner for the post of Patwari on the ground of her qualification i.e. RSCIT after acquiring the pre-examination in pursuance of the advertisement dated 04.11.2015 (Annex.2) may kindly be quashed and aside.
b) by an appropriate writ, order or direction, the respondents may kindly be directed to consider candidature of the petitioner for the post of Patwari as per the qualification of RSCIT secured by him much earlier then the date of main examination in
(2 of 3)
[CW-5979/2018]
pursuance of the advertisement dated 04.11.2015 (Annex.2)
c) by an appropriate writ, order or direction, the respondents may kindly be directed to permit the petitioner in further selection process and afford the petitioner appointment on the post of Patwari against his respective category, if he stands in merit with all consequential benefits.
d) by an appropriate writ, order or direction, the respondents may kindly be directed to not to deny selection and appointment of the petitioner for the post of Patwari and not to reject the candidature on the ground of required qualification of RSCIT before the date of pre-examination.
e) Any other appropriate writ, order or direction which this Hon`ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
f) Writ petition filed by the petitioner may kindly be allowed with costs.”
(3 of 3)
[CW-5979/2018]
said the judgment itself, a clear distinction has been made in the appreciation of facts as well as the adjudication made by the Hon’ble Court, so as to distinguish the claim of the candidates belonging to the TSP and Non-TSP Areas, as the TSP area candidates are governed by the Rules of 2014, whereas the benefit or relaxation thereunder, is not available to the candidates belonging to the Non-TSP Areas, who are governed by condition No.7 of the advertisement.
34. In the wake of the determination made above, the present writ petitions are allowed, and the respondents are directed to accord appointment to the petitioners on the post of Patwari, as per the main advertisement, if they have acquired the requisite qualification of RS-CIT Course before the date on which the main written competitive examination i.e. 24.12.2016 was conducted. However, such appointment shall be given after considering all other conditions, eligibility and merit. Such exercise shall be completed within a period of 30 days from the date of receipt of certified copy of this order, while granting to the petitioners all the benefits at par with all other similarly situated candidates.”
(DR. PUSHPENDRA SINGH BHATI)J.
Sanjay
2 issues framed by the court
Whether to accustom the petitioner's claim for appointment as Patwari based on prior acquisition of RSCIT qualification in accordance with precedent law.
Whether the State should be directed to decide the petitioner's candidature within a specified timeframe.
Colour shows how this judgement treated each authority
Arjun Lal Bhoi Vs. State of Rajasthan & Ors.Followed¶24
Arjun Lal Bhoi Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.15244/2017)
Shivdutt Singh Rathore Vs. State of Rajasthan & Ors.Referred¶25
Shivdutt Singh Rathore Vs. State of Rajasthan & Ors.
Hitendra Singh Tanwar
State of Rajasthan through Secretary, Department of Revenue
Secretary, Board of Revenue, Ajmer
Secretary, Rajasthan Subordinate and Ministerial Selection Board
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
