Special appeal dismissed on merits challenging a selection list for Informatics Assistants reserved for TSP Area, which was found to be legally sound after the Board clarified that selected candidates belonged to the TSP area as per the additional affidavit.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 163/2020
----Appellants-
Versus
----Respondents
For Appellant(s) : Mr. Moti Singh For Respondent(s) : Mr. Manish Patel Mr. Sudhir Tak, AAG
(2 of 3)
[SAW-163/2020]
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR
JUDGMENT
02/12/2022
The present special appeal is directed against order dated 20.01.2020 passed by learned Single Bench whereby the writ petition filed by the appellant-writ petitioners laying challenge to the select list dated 22.07.2019, issued by the respondents pursuant to advertisement dated 27.02.2018 pertaining to recruitment against the post of ‘Informatics Assistants’ with respect to TSP Area was dismissed.
The case set up by the appellant-writ petitioners is that the respondent-Selection Board after conducting recruitment to the post of Informatics Assistants for 137 posts of TSP Area issued final select list dated 22.07.2019 wherein 43 candidates who did not belong to TSP Area have been included. It is the case of the appellant-writ petitioners that as per the conditions stipulated in the advertisement dated 27.02.2018, the candidates belonging to Non-TSP Area could not have been selected and appointed against the posts reserved for the candidates belonging to TSP Area.
This Court vide order dated 18.03.2021 directed respondentSelection Board to file an additional affidavit clarifying as to whether the candidature of the persons who are belonging to TSP Area was considered against the vacancies for TSP Area and NonTSP Area both or only for TSP Area.
In compliance of the order dated 18.03.2021, an additional affidavit dated 20.09.2021 has been filed by the Deputy Director,
(3 of 3) [SAW-163/2020]
Rajasthan Staff Selection Board, Jaipur wherein it is stated a final select list (Annex.R/1) of the candidates pursuant to the advertisement dated 27.02.2018 has been published wherein requisite details of all the selected candidates such as name, category, marks obtained etc. has been disclosed. In the additional affidavit, it has further been stated that the 43 candidates had applied in TSP category who have been appointed against the said category after due document verification.
No rebuttal to the assertions made in the additional affidavit dated 20.09.2021 has been made by the appellant-writ petitioners.
In view of aforesaid, we do not find any force in the argument advanced by the appellant-writ petitioners that the select list dated 22.07.2019, issued by respondent-Selection Board with respect to TSP Area included 43 candidates who did not belong to TSP Area.
In light of aforesaid, the impugned order dated 20.01.2020 passed by the learned Single Bench does not suffer from any illegality or infirmity warranting interference in this intra court appeal.
The special appeal thus fails and is dismissed as being devoid of merit.
No order as to costs.
(KULDEEP MATHUR),J
(SANDEEP MEHTA),J
56-skm/-
1 issue framed by the court
Whether the sub-judicial proceedings dismissing the writ petition were correct when the respondents clarified the selection list for TSP Area posts.
Narendra Kumar Kalasua and others
The State of Rajasthan
Rajasthan Sub-ordinate and Ministerial Service Selection Board
Sandeep Mehta
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
