Dismissed

Radhe Shyam Bishnoi v. State of Rajasthan

Rajasthan HC19 Jul 2023SAW/570/2023

Case brief

AI extract

What is this about?

In a special writ appeal, the Division Bench dismissed the appellant's challenge to the Single Judge's order rejecting his claim for appointment to a reserved "Outstanding Sports Person" post. The court upheld the lower court's finding that no relief is available when the approach is made after the validity period of the provisional merit list has expired.

What did the court decide?

The special appeal writ is dismissed. The stay petition is also dismissed.

Radhe Shyam Bishnoi Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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[2023:RJ-JD:22300-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Special Appeal Writ No. 570/2023

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Radhe Shyam Bishnoi S/o Shri Dharmaram Bishnoi, Aged About 28 Years, R/o Back of Hariram Temple, Ward No.34, Nokha, District Bikaner (Raj.).

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----Appellant

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Versus

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State of Rajasthan through Director and Joint Government Secretary, Local Self Department, Rajasthan, Jaipur.

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The Secretary, Rajasthan Municipalities (Administrative and Technical) and (Subordinate and Ministerial), Service Selection Commission, G-3, Raj Mahal Residency Area, Near Civil Line Fatak, C-Scheme, Jaipur.

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----Respondents

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For Appellant(s) : Mr. Mahaveer Bishnoi

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order

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19/07/2023

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This special appeal writ has been filed by the appellant being aggrieved with the order dated 04.05.2023 passed by the learned Single Judge in S.B. Civil Writ Petition No.611/2018 (Radhe Shyam Bishnoi Vs. State of Rajasthan & Anr.) , whereby the writ petition filed by the appellant was dismissed.

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Brief facts of the case are that pursuant to the recruitment notification dated 30.12.2015, the appellant applied for the post of Junior Accountant in the OBC category as ‘Outstanding Sports Person’. The appellant claimed that two seats of ‘Outstanding Sports Person’ were earmarked, however, out of total candidates selected in the provisional merit list issued on 15.09.20216, only two candidates were called for document verification against the reserved post of ‘Outstanding Sports Person’ and when they were

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[2023:RJ-JD:22300-DB]

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[SAW-570/2023]

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(2 of 2)

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not found fit to be appointed for the same then two other candidates were also called for document verification against the said reserved posts but they were also not found suitable, therefore, the appointment could not be provided to them.

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It was the case of the appellant that if the post earmarked for ‘Outstanding Sports Person’ remains unfill in that situation respondents are bound to call the appellant for providing appointment on the reserved post of ‘Outstanding Sports Person’.

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The said contention of the appellant was rejected by the learned Single Judge vide impugned order solely on the ground that the list of provisionally selected candidates was published in the year 2016 and the currency of the said list was up to six months, however, the appellant approached this Court in the year 2018 admittedly after expiry of validity of the said list, therefore, no relief was granted in the writ petition.

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Having heard learned counsel for the appellant and after perusing the material available on record, we are of the opinion that there is no illegality in the view taken by the learned Single Judge that a person cannot seek appointment from the selected list after expiry of the same.

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Hence, no case for interference is made out.

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Accordingly, this special appeal writ is hereby dismissed.

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Stay petition also stands dismissed.

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(YOGENDRA KUMAR PUROHIT),J

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.14

Radhe Shyam Bishnoi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Radhe Shyam Bishnoi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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