Title: Sita Ram Jakhar vs State of Rajasthan
Citation: S.B. Civil Writ Petition No. 17796/ 2022
Coram: Justice Sudesh Bansal
Decided on: 14/03/2023.
The case revolves around the recruitment process initiated by the Directorate, Home Defence, Rajasthan, through an advertisement dated 18.11.2021. The recruitment is for various posts, including Constable General, Constable Bigular, Constable Drumman, and Constable Driver in different districts. The matter is under consideration by the court, with both parties presenting their arguments, and the court has examined the available material on record.
The petitioner applied for the post of Constable General in the Rajasthan Home Guard Subordinate Service and claimed entitlement to 5 marks for a computer aptitude certificate (RS-CIT). Although he possessed the certificate, the petitioner alleged that he was not awarded the marks during the selection process, resulting in his exclusion from the final merit list.
In response to the writ petition, the respondents argued that the petitioner failed to produce the RS-CIT certificate during the document’s verification stage. The court, acknowledging the unique circumstances, allowed the petitioner to undergo a fresh document verification process. Subsequently, the Selection Board examined the RS-CIT certificate on January 12, 2023, and provisionally awarded 5 marks to the petitioner. The Board concluded that the addition of these marks placed the petitioner above the last cutoff marks in the OBC (NCL) category, making him eligible for inclusion in the final selection list.
The respondents, in their reply, mentioned that the results had already been declared, and candidates from the final merit list had received appointments. However, during the court proceedings, a representative of the Rajasthan Home Guard Service acknowledged that there was an opportunity to consider the petitioner for appointment.
The court, considering the petitioner’s eligibility for the marks and the peculiar circumstances, referred to a recent Supreme Court judgment (Food Corporation of India Vs. Rimjhim) to address the issue. The judgment discussed the importance of considering a candidate’s eligibility despite procedural lapses, emphasizing the essence of justice in such matters.
The court, applying the legal principles laid down by the Supreme Court, acknowledged that the petitioner possessed the necessary computer aptitude qualification (RS-CIT) and was eligible for 5 marks. The court considered the proceedings of the Selection Board, which confirmed the petitioner’s eligibility and awarded him the additional marks. The court concluded that the petitioner, with the extra marks, surpassed the last cutoff in the final merit list for the Constable General Non-TSP post in the OBC (NCL) category.
As a result, the court directed the respondents to appoint the petitioner to the vacant Constable General Non-TSP position in the OBC (NCL) category immediately. The petitioner was granted all service benefits, including seniority and increments, notionally from the date of the appointment. Additionally, the petitioner was entitled to actual and monetary benefits from the date of the appointment. The writ petition was allowed accordingly, and all related applications were disposed of.
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Written By: Gauri Joshi