Three writ petitions challenging the non-appointment of petitioners who secured higher PG marks due to interview failure. The court held interviews are decisive and dismissed the petitions.
The writ petitions challenging the final appointment list and seeking appointment are dismissed. Pending applications are also dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JP:26992]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4874/2008
Smt Mosmee Meena W/o Shri Sanjay Meena aged about 27 years R/o 4-F-20, Vigyan Nagar, Kota Rajasthan.
----Petitioner
Versus
----Respondents
Connected With
S.B. Civil Writ Petition No. 4806/2008
Shyam Bihari Meena S/o Shri Jai Lal aged about 29 years R/o Villae & Post Bhopar Bahadurpur Tehsil Todabhi, District Karauli.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 4879/2008
Tej Ram Meena S/o Shri Sanwal Ram Meena aged about 26 years R/ Gram Manoli Tehsil Malarna Doonger, District Sawai Madhopur.
----Petitioner
Versus
(2 of 3) [CW-4874/2008]
[2023:RJ-JP:26992]
----Respondent
| For Petitioner(s) | : Mr. SL Sharma with Mr. Nachiketa Pareek |
|---|---|
| For Respondent(s) | : Mr. Aditya Sharma Mr. Nitin Jain |
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
05/10/2023
Since common question of facts and law are involved in all these three petitions, hence with the consent of counsel for the parties, matters are taken up for final disposal and are being decided by this common order.
For convenience the prayer mentioned in SB Civil Writ Petition No.4874/2008 has been taken into consideration:
“(i) the respondents be kindly directed to select and appoint the petitioner as Lecturer in Zoology from the date the less meritorious persons have selected and appointed and
(ii) the respondents be kindly directed to keep on post of Lecturer in Zoology during pendency of the writ petition and
(iii) Any other relief deemed just and proper in the facts and circumstances of the case be kindly also granted to the petitioner.”
Learned counsel for the petitioner submits that the petitioner has secured more marks in post graduation i.e. Masters of Science while the less meritorious candidate Raj Mohan Meena has secured less marks inspite of that the petitioner has not been
[2023:RJ-JP:26992]
[CW-4874/2008]
(3 of 3)
selection and given appointment on the post of Lecturer in Zoology. Counsel submits that under these circumstances, interference of this Court is warranted.
Learned counsel for the respondent RPSC opposed the arguments raised by the counsel for the petitioner and submitted that against 33 vacancies the Commission received 473 applications and looking to the large number of applications, the shortlisting process was adopted and a screening examination was conducted on 19.07.2007 and thereafter result of the said examination was declared wherein the petitioners remained successful and they were called for interview. In interview the petitioners remained un-successful and the selected candidates were given appointment. Counsel submits that since the petitioners not fall in merit after interview, hence they are not entitled to claim appointment.
Heard and considered the submissions made at the Bar and perused the material available on the record.
Considering the arguments put forward by learned counsel for the respondents and looking to the fact that the petitioners remained unsuccessful in interview, hence under these circumstances, they are not eligible to claim appointment on the advertised posts.
Accordingly, all these writ petitions are dismissed. Stay applications and all applications (pending, if any) also stand dismissed.
(ANOOP KUMAR DHAND),J
KuD/206-208
2 issues framed by the court
Whether the petitioners are eligible for appointment as Lecturers in Zoology having secured more marks in post graduation than other selected candidates?
Whether the High Court ought to have intervened to direct the selection authorities to appoint the petitioners?
Smt Mosmee Meena
Shyam Bihari Meena
Tej Ram Meena
The State of Rajasthan
The Director College Education, Government of Rajasthan
Rajasthan Public Service Commission
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
