Dismissed

Aditi Dadhich D/O Shri Ashok Kumar Joshi v. the State of Rajasthan

Rajasthan HC19 Jan 2021CW/347/2021

Case brief

AI extract

What is this about?

Petitioner sought relaxation of a recruitment condition due to COVID-19 delay in her qualifying examination results. The court dismissed the petition, holding that granting such relief violates third-party rights and that rule-making authority lies exclusively with the executive.

What did the court decide?

The writ petition for relaxation of eligibility conditions was dismissed; dismissal does not preclude approaching the Government separately.

Aditi Dadhich D/O Shri Ashok Kumar Joshi… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 347/2021

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Aditi Dadhich D/o Shri Ashok Kumar Joshi, Aged About 22 Years, Resident Of Dadhich Sadan, Azad Nagar, Madanganj, Kishangarh, District Ajmer

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----Petitioner

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Versus

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The State Of Rajasthan, Through Principal Secretary, Department Of Sanskrit Education, Government Of Rajasthan, Secretariat, Jaipur

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The Director, Department Of Sanskrit Education, Government Of Rajasthan, 2Nd Floor, Block-6, Shiksha Sankul, J.l.n. Marg, Jaipur (Raj.)

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Rajasthan Public Service Commission, Through Its Secretary, Government Of Rajasthan, Ajmer

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----Respondents

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For Petitioner(s) : Mr. Sandeep Saxena For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment

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19/01/2021

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Admittedly, the petitioner was in the Final Year of the qualifying examination namely, Acharya (M.A.) at the time of submission of application for the post of School Lecturer under the advertisement dated 29.03.2018 read with corrigendum dated 6.1.2020. The test for selection for the post of School Lecturer was conducted on 4^th August, 2020 but till the date of conducting of the selection test, the result of Acharya Examination was not declared and the same has been declared in December, 2020 and

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the petitioner has passed the same with First Division.

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Learned counsel for the petitioner submits that the delay in

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declaration of result and conducting of final year examination of

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(2 of 2)

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[CW-347/2021]

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Acharya was on account of COVID-19 Pandemic and in such exceptional circumstances, the condition laid down in the advertisement for candidates who are appearing in final year examination to give a proof of having cleared the examination before the selection test for the post of School Lecturer ought to be relaxed.

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3. I have considered the submissions.

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The condition laid down in the advertisement is in accordance with the omnibus rule introduced in State Subordinate Service Rules by the State of Rajasthan in the year, 1999 and this Court finds that there is no provision for relaxation under the rules of such a condition. In view thereof, while it may be true that results of the qualifying examinations may have been delayed on account of Pandemic, no relief can be granted to the petitioner as third party rights would be created if the petitioner alone is granted such relaxation. The domain for granting relaxation is exclusively with the executive and not with the judiciary. In view thereof, no relief can be granted to the petitioner being ineligible as per the advertisement.

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Accordingly, the writ petition is dismissed. The dismissal of the writ petition would, however, not preclude the petitioner from taking up the matter with the Government for the said purpose. 6. All pending applications also stand disposed of.

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(SANJEEV PRAKASH SHARMA),J

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SAURABH YADAV 670/ 83

Aditi Dadhich D/O Shri Ashok Kumar Joshi v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Aditi Dadhich D/O Shri Ashok Kumar Joshi v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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