The High Court dismissed an appeal against the rejection of a writ petition challenging an unreasonable recruitment condition requiring an RSCIT certificate on the examination date, upholding the specificity of the stipulation.
The appeal is dismissed. The impugned order of the learned Single Judge rejecting the writ petition is held correct.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 630/2019
Anila widow of Late Shri Sudhir D/o Shri Jaipal, Aged About 25 Years, By Caste Bishnoi, Resident of Chak 15 G.B., Tehsil- Sri Vijaynagar, District Sri Ganganagar (Raj.).
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Trilok Joshi For Respondent(s) : ---
HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DINESH MEHTA
Order
11/07/2019
Civil Misc. Application No.1/2019:
For the reasons stated in the application delay in filing the appeal is condoned. The application is allowed.
Special Appeal (Writ) No.630/2019:
The appellant’s grievance, which led her to approach the Court under Article 226 of the Constitution of India, was that the condition requiring candidates to possess a certificate of RSCIT course, on the date they appeared in the examination i.e. 5th
(2 of 2)
[SAW-630/2019]
August, 2016, was unreasonable and that she had cleared the examination on 24th December, 2016. The learned Single Judge rejected the writ petition holding that the respondents in their original advertisement had clearly stipulated that the candidates should possess the requisite qualification, on the date of appearing in the examination – which itself relaxed the standard, even in most such recruitment processes the last date of submission of application is the cut-off date. No ground is made out to interfere with the impugned order.
The appeal is accordingly dismissed.
(DINESH MEHTA),J
(S. RAVINDRA BHAT),CJ
1-MohitTak/-
2 issues framed by the court
Whether the condition requiring candidates to possess RSCIT certificate on the date of examination was unreasonable when the appellant secured the last date.
Whether there is sufficient ground to interfere with the learned Single Judge's order rejecting the writ petition.
1 provisions across 1 enactments
Anila widow of Late Shri Sudhir
State of Rajasthan
DINESH MEHTA
S. RAVINDRA BHAT
As recorded by the court registry
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