The Division Bench held that a Single Judge's obiter observation regarding reshuffling a select list did not constitute a conclusive finding meriting intra-court appeal interference; the appeal was dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 1171/2019
Rajasthan Public Service Commission, through Secretary, Ajmer.
----Appellant/Respondent No.4
Versus
(2 of 3)
[SAW-1171/2019]
For Appellant(s) : Mr. Nitin Jain For Respondent(s) : Mr. Vigyan Shah Mr. Ganesh Meena, AAG Mr. Manish Singh Tomar on behalf of Mr. S.S. Raghav, AAG
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
15/01/2020
This intra-court appeal is directed against the order dated 14.03.2019 passed by the learned Single Judge of this Court in SBCWP No.2446/2019 whereby while adjourning the matter, certain observations have been made, the relevant extract of which reads as under:
“The court was in the circumstances inclined to further issue directions to the RPSC to reshuffle the select list for reasons of 102 selected candidates not being found eligible for the post of Senior Teacher (Hindi) and 103 not joining despite appointment order having been issued.”
(3 of 3)
[SAW-1171/2019]
Learned counsel appearing for the appellant submits that observations made by the learned Single Judge may come in his way at the time of final disposal of the writ petition.
The observation made by the learned Single Judge is not the finding recorded and the same cannot be considered to be conclusive so as to come in the way of the petitioner at the time of final disposal of the writ petition. Obviously, learned Single Judge shall decide the writ petition uninfluenced by the observations made as aforesaid.
In this view of the matter, no case for interference in this intra-court appeal jurisdiction is made out.
The appeal is accordingly dismissed.
(MAHENDAR KUMAR GOYAL),J
(SANGEET LODHA),J
MADAN MEENA /18
Rajasthan Public Service Commission
State Of Rajasthan
SANGEET LODHA
MAHENDAR KUMAR GOYAL
As recorded by the court registry
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