Rajpal & Anr. vs RPSC, Ajmer & Anr.

The present writ petition has been filed by petitioners, being

Ex-servicemen, with the following prayers:-

"Prayer

"It is therefore, most respectfully prayed that this Hon''ble Court may very graciously be pleased to accept and allow this writ petition and further be pleased to :-

i. By an appropriate writ, order or direction in the nature thereof, the respondents may kindly be directed to allow the petitioners to appear in the interview for Rajsthan State & Subordinate Services Examination-2012 in pursuance of press note date 02.06.2015 and if the petitioners succeed in the interview, they be given appointment for RAS and RTS services.

ii). Issue an appropriate writ order or direction in the nature thereof thereby the action of the respondents may kindly be declared illegal by which they have not called the Ex-servicemen / Department Candidates for interview in the ratio on 1:2 of the total advertised posts and deprived the petitioners to appear in the interview.

iii). Issue an appropriate writ order or direction in the nature thereof thereby the action of the respondents may kindly be declared illegal by which they are not calling the petitioners for interview whereas the candidates who secured lesser marks than the petitioners have been called for interview.

iv). Issue an appropriate writ order or direction in the nature thereof thereby the respondents may kindly be directed to carry forward the vacant posts of Ex-servicemen/Department Candidates and not fill up the posts of Ex-servicemen category through normal procedure.

v). Issue an appropriate writ order or direction in the nature thereof thereby the Note, regarding determination of cut off marks on his own, appended to the advertisement may kindly be declared illegal and the same be quashed and set aside.

vi). Pass any other appropriate order which this Hon''ble Court deem fit, just and proper in the facts and circumstances of the case in favour of the petitioners.

vii). Cost of the writ petition be also awarded in favour of the petitioners."

While issuing notices to the respondents, learned counsel for

the petitioners had stated that the issue involved in the present

case is identical to the one involved in S.B. Civil Writ Petition No.

6115/2015.

The said writ petition (No.6115/2015) has been disposed of

by this Court on 13.09.2017 as under:-

"The present group of writ petitions have been

filed by different petitioners, being Ex-servicemen,

with the following prayers:-

"Prayer

"It is therefore, prayed that this writ petition may kindly be allowed with cost and by an appropriate writ, order &/or direction:-

a) That the respondents may kindly be directed to declare and treat the petitioners as "qualified for interview" to the post of RAT/RTS advertised through advertisement dated 06.02.2012 (Annexure-1) under the category of Ex-servicemen and allow them to participate in the said interview and give them appointment on the post as per their merit in pursuance of the advertisement dated 06.02.2012 with all consequential benefits.

b) That the respondents may also be directed to fill up all 100 posts of RAS/RTS Ex-servicemen quota advertised through advertisement dated 06.02.2012 amongst Ex-servicemen candidates by calling candidates with the criteria of 1 x 3 ration and not by others with all consequential benefits.

c) that if during the pendency of this writ petition the posts reserved for Ex-servicemen candidates in pursuance of advertisement dated 06.02.2012 are filled up by the candidate of any other category then the same may kindly be declared illegal and quashed and the respondents may kindly be directed to fill up these post only amongst the candidates belonging to Ex-servicemen category with all consequential benefits.

d) Any other relief which this Hon''ble Court deems fit and proper in the facts and circumstances of this case may kindly be passed in favour of the petitioners. Costs of this writ petition may kindly be awarded in favour of the petitioners."

The petitioners in para 16 of present writ

petitions have specifically pleaded as under:-

"16. That the petitioners have also come to know just now that similarly situated person namely Babu Ram Jakhar along with some other persons (belonging to Ex-servicemen category in the same selection process) have directly approached the Hon''ble Supreme Court and to the best of petitioners'' knowledge they have obtained interim stay order on 15.05.2015 from the Hon''ble Supreme Court to permit them to participate in the interview of RAS/RTS post advertised through advertisement dated 06.02.2012 with keeping their result in sealed cover. This interim direction has been given by the Hon''ble Supreme Court in Writ Petition (Civil) 140/2014 titled as Babu Ram Jakhar & Ors. V/s Rajasthan Public Service Commission & Ors. on 15.05.2015. Although the petitioners tried their levels best to obtain a copy of the order dated 15.05.2015 passed by the Hon''ble Supreme Court in aforesaid Babu Ram Jakhar''s case however they could not lay their hands to the same till the date on account of

commencement of summer vacation in the Supreme Court and consequently non availability of the counsel as well as the litigants. The petitioners undertake to produce the copy of the order of interim direction of the Hon''ble Court immediately on its availability. The petitioners produce herewith the latest status of writ petition (civil) 140/2014 (Babu Ram Jakhar & Ors. V/s Rajasthan Public Service Commission & Ors.) available on internet on 04.06.2015. The same is marked as Annexure 9. To the best of petitioners'' knowledge these similarly situated persons have filed their writ petition on the ground that the respondents have not declared the Ex- servicemen candidates qualified and called for interview by applying ` x 3 ratio. More so in pursuance of Hon''ble Supreme Court''s direction they have recently been allowed to participate in the interview for the post of RAT/RTS advertised through advertisement dated 06.02.2012."

Based on the assertion made in the memo of the

writ petitions and after considering the statement of

the learned counsels for the petitioner, at the time of

admission, on 17.06.2015, this Court has passed the

following order:-

"Learned counsel for the petitioners submits that alike the petitioner, one Babu Ram belonging to the Ex-Servicemen category was also declared as not qualified

by the Rajasthan Public Service Commission. He along with other candidates of Ex-servicemen category approached Hon''ble Supreme Court by way of Writ Petition (Civil) No. 140/2014 and the Hon''ble Supreme Court by an interim order dated 11.5.2015 has directed the R.P.S.C. to interview all the litigants who had approached the Hon''ble Supreme Court with a direction not to publish the results without the leave of the Court. Learned counsel thus submits that similar order deserves to be passed in favour of the petitioners as well.

Issue notice of the writ petition as well as the stay application to the respondents returnable on 04.7.2015.

In the meantime, in case the interviews in relation to the questioned selection process are not concluded till date, the R.P.S.C. shall provisionally interview the petitioners as well. However, the result of the petitioners shall not be declared without permission of the Court."

Mr. Hanuman Singh Choudhary, learned counsel

appearing for the respondents - Rajasthan Public

Service Commission, at the outset, submitted that the

above referred case pending before the Hon''ble

Supreme Court has been decided and the writ petition

filed by the said Babu Ram Jakhar and others have

been dismissed by the Hon''ble Supreme Court, vide

its order dated 17.07.2017. For the sake of ready

reference, the order passed by the Hon''ble Supreme

Court is reproduced herein:-

"Heard learned counsel for the parties.

The writ petition and special leave petition are dismissed."

In view of the above factual situation, Mr.

Hanuman Singh Choudhary appearing for the

respondent - RPSC submitted that, as the matter has

been finally decided by the Hon''ble Supreme Court,

these writ petitions also deserve to be dismissed.

At this juncture, Mr. Narpat Singh Charan,

learned counsel appearing for the petitioners,

submitted that there are other grounds taken by the

petitioners, which may be considered.

In the considered opinion of this Court, as the

petitioners have preferred the present writ petitions

with the specific assertion that their cases are similar

with the case pending before the Hon''ble Supreme

Court and have been granted interim order, relying

upon the order passed by Hon''ble the Supreme Court,

these petitions should also get the same treatment

and fate.

In view of the above, without considering the

arguments attempted to be advanced by Mr. N.S.

Charan, the present writ petitions are dismissed,

following the judgment dated 17.07.2017 of the

Hon''ble Supreme Court.

All petitions dismissed, one copy of this order be

placed in each file."

Learned counsel for the petitioners does not dispute the

above position of facts and law.

In view of the above, the present writ petition is dismissed.