The High Court dismissed a writ petition challenging a selection list for Junior Personal Assistants. The petitioner alleged violation of reservation norms, but the Court held that candidate suitability is within the recruitment agency's domain and the petition lacked merit.
The writ petition is dismissed; no order as to costs.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 3442/2020
Shiv Chand S/o Tara Chand, Aged About 27 Years, R/o Harijan Mohalla Raiyatuinda Tehsil Taranagar District Churu Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Ripudaman Singh For Respondent(s) : Mr. Aniket Tater for Mr. Manoj Bhandari.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL
Order
24/11/2021
The petitioner by the instant writ petition has assailed the select list dated 6th February, 2020.
The petitioner appeared in competitive examination for the post of Junior Personal Assistant (English) conducted by the Rajasthan High Court administration on 12th January, 2020 pursuant to notification dated 20th August, 2019.
The petitioner has raised an issue that the total 69 vacancies were advertised including the reserved seats for all the categories and 22 seats were advertised for the category of Scheduled Caste, however, while preparing the selection list dated 6th February 2020, the respondents have not followed the reservation policy. None of the candidates out of Scheduled Caste category has been
(2 of 3)
[CW-3442/2020]
selected and the seats of reserved category candidates are falling vacant. The petitioner, while challenging the selection list dated 6th February 2020, has prayed to prepare a fresh selection list after adopting the reservation policy and the petitioner may be accorded appointment in the category of Scheduled Caste.
The respondents, High Court administration, have submitted reply to the writ petition and it has been contended that the eligibility criteria provided by the Rajasthan High Court Staff Service Rules, 2002 (hereinafter referred to as ‘the Rules of 2002’) has been followed and as per the Rules of 2002, the candidate is required to pass shorthand speed assessment test with a minimum shorthand speed for the purpose of recruitment to the post of Junior Personal Assistant. It has also been contended that the proviso to Rule 14(1) of the Rules of 2002 clearly states that due to non-availability of eligible and suitable candidates amongst the SC/ST, the vacancies reserved for them are to be filled according to the normal procedure. It has further been contended that the petitioner could not qualify the shorthand speed test and as such was not found eligible and suitable candidate for the post of Junior Personal Assistant, therefore, he was not selected and selection list has been prepared strictly after adherence to the Rules of 2002 and procedure of law.
Heard learned counsel for the parties.
The petitioner is challenging the selection list, inter-alia, only on the ground that reservation criteria has not been followed by the respondent while preparing the selection list, whereas the Rules of 2002 specifically provides that only eligible and suitable candidates can be selected. As the petitioner has failed to qualify the shorthand speed assessment test as such he was not found
(3 of 3)
[CW-3442/2020]
eligible and suitable and was not accorded appointment in the SC category.
The petitioner neither has filed any rejoinder nor countered the aforesaid reply of the High Court administration.
It is for the recruitment agency to assess the eligibility and suitability of the candidates and same may not be examined within the scope of Article 226 of the Constitution of India. The candidature of the petitioner was considered but was not found eligible and suitable for selection for the post of Junior Personal Assistant. The respondents have prepared the selection list after following due process of selection and after adherence to the relevant rules. The petitioner has no justifiable reasons to assail the selection list and as such the writ petition is devoid of merit and liable to be dismissed.
In view of the above, we find no force in this petition and the same is, accordingly, dismissed.
(SUDESH BANSAL),J
(AKIL KURESHI),CJ
15-a.asopa/-
2 issues framed by the court
Whether the High Court erred in dismissing the writ petition challenging the selection list on the ground of non-implementation of reservation policy.
Whether the recruitment authority is bound to examine the eligibility and suitability of candidates under Article 226 of the Constitution.
1 provisions across 1 enactments
Shiv Chand
Rajasthan High Court
Sudesh Bansal
Akil Kureshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
