Allowed

Preeti Sharma D/O Shri Subhash Chand Sharma v. State of Rajasthan through Principal Secretary

Rajasthan HC28 Nov 2018WMAP/399/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Jaipur bench, allowed the petitioner's miscellaneous application directing the State to verify her documents for a recruitment process. If she is found meritorious and eligible, she must be appointed with consequential benefits within three weeks, citing previous orders favoring candidates with curing errors in details.

What did the court decide?

Directed State-respondents to verify petitioner's documents, appoint her if meritorious and eligible, and provide consequential benefits within three weeks.

Preeti Sharma D/O Shri Subhash Chand… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Writ Miscellaneous Application No. 399/2018

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Preeti Sharma D/o Shri Subhash Chand Sharma, Aged About 29 Years, By Caste Brahamin, Resident Of Ward No. 14, Tilaji Maharaj Ka Mandir Loharwara Via Kanwat, District Sikar (Rajasthan)

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----Petitioner

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Versus

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State Of Rajasthan Through Principal Secretary, Department Of Education, Secretariat, Jaipur.

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Principal Secretary, Department Of Personnel, State Of Rajasthan, Secretariat, Jaipur.

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Director, Elementary Education, Rajasthan, Bikaner.

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----Respondents

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For Petitioner(s) : Mr. Anoop Dhand For Respondent(s) : Mr. Y. S. Jadoun for Mr. S. K. Gupta, AAG

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

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Order

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28/11/2018

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Misc. application instituted by the petitioner reflects typical indifferent attitude and manner so also functioning of the Staterespondents totally ignorant of the materials and factual matrix on record. On 23^rd February, 2018, this Court upon hearing the counsel for the parties made the following order in the batch of writ applications:

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“The respondents are further directed to allow the candidates who participated in the earlier recruitment process and were not required to apply again in the backdrop of the observations made by a Division Bench of this Court in the case of Sher Singh & Ors. Vs. Dinesh Singh & Ors., decided on 27th April, 2017; they shall be

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(2 of 4)

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[WMAP-399/2018]

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provided a last and final opportunity to furnish the necessary details required to participate in the recruitment process involved herein by a specific date.

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The State-respondents would also complete the scrutiny of the pending 318 applications which are yet to be scrutinized.

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It is further directed that the vacancies which may result consequent upon opportunity not availed by the candidates who were absent and those who have been accorded another opportunity in the backdrop of order in the case of Sher Singh (supra), shall be filled up strictly according to merit of the participating candidates.

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Mr. S. K. Gupta, learned AAG, would also advise the Officers/Officials entrusted with the recruitment process, to upload the necessary information as to documents conferring eligibility on the participating candidates, on the website of the respondentDepartment, in a legible form.

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Further, list of details of the Officers/Officials, entrusted/associated with the recruitment process, including verification of the documents; be also furnished to this Court for the purpose of necessary criminal/civil/departmental action, in the event of any illegality/irregularity if committed by them; in addition to contempt proceedings for such an action would be treated as an obstruction in Court proceedings in dispensation of justice.

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Needless to observe that respondents would slide down only to include the eligible candidates according to their merit, to the extent of vacancies that may occur on account of exclusion of ineligible and/or absentee candidates, but for 196 vacancies.

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It is made clear that the recruitment process involved herein, shall shall remain subject to outcome on these writ applications.

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A copy of this order shall be made available to Mr. S. K. Gupta, AAG, for onward transmission and necessary compliance, without fail.

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It will be open for the State-respondents to take necessary steps to issue general notice in the newspapers with vide circulation in the State of Rajasthan and also to reflect the information on the website of the Department.

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SBCWP No. 18442/2017, which be detagged from

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(3 of 4)

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[WMAP-399/2018]

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the instant batch of writ applications and be listed sperately on 26th February, 2018.

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Matter be listed along with connected cases except lead case being 2902/2018, so also with SBCWP No. 19113/2017, 2946/2018, 3775/208, 3865/2018 and 2332/2018, on 15th March, 2018, for further hearing/proceedings."

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The petitioner-applicant accordingly submitted the necessary information on 27^th February, 2018, to the Director, Elementary Education, Bikaner, for verification of her documents. On 31^st July, 2018, this Court upon hearing the counsel for the parties, including Addl. Advocate General for the State-respondents disposed off the writ applications, observing thus:

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“The only grievance of the petitioners in the instant batch of writ applications, is that owing to some errors crept in while furnishing details as to mark sheets/marks, their candidature has been declined.

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In this regard, to avoid the recruitment process becoming an endless process; as a matter of last indulgence, allowed such participating candidates, to furnish the necessary correct details within a time frame. Accordingly, State-respondents made a publication indicating the last date for cure of such defects in the newspapers, allowing such candidates to make good the deficiencies in disclosure of correct marks.

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It is specific stand of the petitioners that they had furnished the required correct information as to marks before 28th February, 2018, the last date determined by the State-respondents for the purpose.

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In view of the above, instant batch of writ applications, is disposed off with direction to the Staterespondents to examine the matters and decide their representation(s)/application(s), submitted seeking correction in the detail of marks.

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The respondents would do the needful within ten days from today.

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With the observations and directions, as indicated above, the writ applications stand closed. “

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Learned counsel for the petitioner-applicant urged that despite of the orders and factual matrix aforesaid; the

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(4 of 4) [WMAP-399/2018]

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respondents have not carried out the necessary corrections while required information was furnished by the petitioner on 27^th February, 2018 and again an effort was made requesting the State-respondents to do the needful on 9^th August, 2018; yet, the respondents have turn a deaf ear to her requests.

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Mr. Y. S. Jadoun, Advocate, appearing on behalf of the Staterespondents could not dislodge the factual matrix and the orders made by this Court, as taken note of hereinabove.

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In view of the above, I am inclined to grant misc. application of the petitioner-applicant.

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In the result, the State-respondents are directed to verify the documents of the petitioner and in case she is found meritorious and eligible; she be accorded appointment and all the consequential benefits in the recruitment process involved herein.

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Respondents would do the needful as expeditiously as possible; preferably, within three weeks from the date a certified copy of this order is presented.

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(VEERENDR SINGH SIRADHANA),J

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Pooja/135

Preeti Sharma D/O Shri Subhash Chand Sharma v. State of Rajasthan through Principal Secretary

Case brief

What is this about?

What did the court decide?

Preeti Sharma D/O Shri Subhash Chand Sharma v. State of Rajasthan through Principal Secretary

Case brief

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What did the court decide?

What the court decided

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