Dismissed

Uday Singh S/O- Shri. Ramkaran v. State of Rajasthan

Rajasthan HC2 Sept 2021CW/3717/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a writ petition seeking direction to consider the petitioner's candidature for Assistant Professor post without NET or SET clearance due to non-conduct of the test. The court held the matter was covered by a coordinate bench's order dismissing similar petitions.

What the court decided

AI extract

Uday Singh S/O- Shri. Ramkaran Vs State of… — Pension and Retirement Benefits | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 3717/2021

¶3

Uday Singh S/o- Shri. Ramkaran, Aged About 26 Years, R/o- Vpo Tarwala, Tehsil-Kishangarhbas (Alwar) (Raj.)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Principal Secretary, Department Of Higher Education, Government Of Rajasthan, Jaipur.

¶7

Directorate Of College Education, Through Director, Shiksha Sankul, Jln Marg Jaipur.

¶8

The Rajasthan Public Service Commission, Through Secretary, Ghooghara Ghati, Ajmer (Raj.)

¶9

----Respondents

¶10

For Petitioner(s)	:	Ms. Madhumita Das.
For Respondent(s)	:	Mr. Nitin Jain.

¶11

HON'BLE MR. JUSTICE ARUN BHANSALI Order

¶12

02/09/2021

¶13

This writ petition has been filed by the petitioner seeking

¶14

following directions:

¶15

“1. By an issuance of writ of mandamus, direct the respondents to take the offline forms and consider the candidature of the petitioner with regards to the post of assistant professor for advertisement dated 18.12.2020.

¶16

By issuance of writ of mandamus direct the RPSC to conduct the SET before the written examination of Assistant Professor.

¶17

Direct the respondent RPSC to plant 5 trees on its cost due to negligent approach in conducting the examination.

¶18

Any other appropriate writ, order or direction, which the Hon’ble Court may just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”

¶19

It is inter alia indicated in the writ petition that the petitioner

¶20

is desirous to be Assistant Professor in the State University,

¶21

recruitment whereof is governed by Rajasthan Educational Service

¶22

(2 of 3) [CW-3717/2021]

¶23

(Collegiate Branch) Rules, 1986. The RPSC has issued advertisement dated 18/12/2020 inviting applications for the post of Assistant Professor in various subjects. The academic qualification inter alia requires that the candidate must have cleared National Eligibility Test (NET) conducted by the UGC like SLET/SET. However, though the petitioner fulfills other eligibility criteria, she is ineligible as she has neither cleared NET nor SET.

¶24

Further submissions have been made that in the State of Rajasthan, examination of SET was last conducted in 2014 and since then no examination has been conducted by the RPSC.

¶25

Based on the above submissions and essentially on account of non-conduct of SET by RPSC, the reliefs have been claimed.

¶26

Learned counsel for the petitioner made submissions that though the petitioner lacks educational qualification as required by the Rules, in view of the fact that the RPSC has failed to conduct SET, she may be permitted to appear in the written examination, as the petitioner cannot be deprived of appearing in the examination for lack of a qualification, which is not being offered.

¶27

Learned counsel appearing for the respondent RPSC submitted that the issue raised in the present writ petition is squarely covered by the judgment in Sajjan Kumar & Ors. vs. State of Rajasthan & Ors. : S.B.Civil Writ Petition No. 1867/2021 decided on 12/2/2021 and as such the petition is liable to be dismissed.

¶28

In the case of Sajjan Kumar (supra), a coordinate bench of this Court while referring to the judgment of Hon’ble Supreme Court in Dr.Preeti Srivastava & Anr. vs. State of Madhya Pradesh & Ors. : AIR 1999 SC 2894 , inter alia held as under:

¶29

(3 of 3)

¶30

[CW-3717/2021]

¶31

“6. Conducting the Eligibility Test i.e. SET/SLET is in the sole domain of the concerned RPSC of the State Government. This Court does not find any representation made by the petitioners for getting said examination conducted in State of Rajasthan earlier. No such petition was even moved before the Court before issuance of advertisement. So far as qualifications laid down in the advertisement are concerned, the same are in consonance with the UGC Regulations, 2010 laid down for the purpose of appointment on the post of Assistant Professors as amended from time to time. The same has been incorporated in the Rajasthan Education Services (Collegiate Branch) Rules, 1986 and option for appearing in SLET/SET examination is available with the petitioners. However, if the State authorities do not conduct an examination in the nature of SLET/SET, it cannot be said that the petitioners have a right to challenge an advertisement and get it quashed merely because of the same. The qualification required for the post is NET, SLET/SET, cleared or persons who have done Ph.D under the Regulations of 2009, there may be many other candidates who are eligible merely because some of the candidates have not yet acquired eligibility would not mean that a mandamus would have been issued by the Court for quashing the advertisement. The further prayer for granting of 5% relaxation qua the academic qualification for economically weaker section as made in the petition has not been pressed. It is a matter of Policy to be laid down by the academicians and the employers. A mandamus from the Court would not be passed for the said purposes as this Court is not expert to lay down as to under what circumstances, relaxation should be given and for which particular academic qualifications.

¶32