Daulat Singh Rathore vs State Of Rajasthan And Ors

Heard the counsel for the petitioner and perused the reply to the petition passed over to the court in the course of hearing of the petition.

The issue in this petition is with regard to the right of the petitioner as a departmental candidate (DC) at the RAS/RTS Examination 2016 having passed the preliminary examination to be called for the Special (Main) Examination being held pursuant to the judgment of the Division Bench of this court in the case of State of Rajasthan Versus Vinod Kumar Sharma & Others, D.B. Special Appeal Writ No.1266/2018 alongwith connected matters decided on 09.10.2018.

The petitioner states to have written the RAS/RTS Preliminary Examination 2016 as a DC. However he having scored a negative mark at the said preliminary examination was not called for Main Examination earlier held. Now a RAS/RTS Special (Main) Examination 2016 for the departmental candidates serving in the Excise Department is being conducted by RPSC commencing 17-18.12.2018. The petitioner's case is that as an employee of the excise department he in the present state of law is entitled to write the RAS/RTS Special (Main) Examination as a DC even though he indeed did receive a negative mark at the preceding preliminary examination for RAS/RTS examination 2016.

Mr.M.F. Baig appearing for the respondent-RPSC submits that it is indeed true that in terms of the judgment of this court in the case of State of Rajasthan Versus Vinod Kumar Sharma & Others (supra) and in terms of the judgment also of this court in the case of Rajasthan Public Service Commission and Anita Bareth & Others, D.B. Special Appeal Writ No.1400/2016 a DC even with negative mark at the RAS/RTS preliminary examination 2016 if within 15 times of number of notified vacancies for the DCs, is entitled to write the Main Examination 2016 now being held for DCs. He however submitted that there is no verification with the RPSC despite its letter dated 01.11.2018 that the petitioner is an employee of the Excise Department and entitled to appear at the RAS/RTS Special (Main) Examination 2016 commencing 17- 18.12.2018 as a DC.

Mr.Sandeep Bhagwati appearing for the petitioner however submitted that proof of the petitioner's employment with the Excise Department and his therefore being a DC has been furnished to the RPSC and in the state of law admitted by counsel for RPSC, the petitioner is entitled to write the RAS/RTS 2016 commencing 17.12.2018.

In view of the aforesaid submissions, I would be inclined to allow this petition and direct the respondent-RPSC to allow the petitioner to appear as a departmental candidate (DC) at the RAS/RTS Special (Main) Examination 2016 without regard to his negative mark at the preliminary examination but subject to the condition that he falls within 15 times the number of vacancies notified for departmental candidates (DCs) at the RAS/RTS Special (Main) Examination 2016.

The petition stands allowed accordingly.