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Rajasthan High Court: Court Upholds Candidate’s Right to Marks, Orders Immediate Appointment with Full Benefits

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.

Introduction:

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.

Facts:

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.

Judgement analysis:

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

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Practice Of Lodging False FIRs Alleging Rape Has to Be Dealt With A Heavy Hand: Allahabad HC Imposes ₹10K Cost On A Woman

CASE TITLE:   Shivam Kumar Pal @ Sonu Pal And 3 Others vs. State Of U.P. And 2 Others [CRIMINAL MISC. WRIT PETITION No. – 11560 of 2023]

DECIDED ON: 26.7.2023

CORAM: Hon’ble Anjani Kumar Mishra,J. Hon’ble Vivek Kumar Singh,J.

INTRODUCTION

Last week, the Allahabad High Court ordered a woman to pay a fine of Rs. 10,000. The woman had confessed to filing a false First Information Report (FIR) against four men, leveling charges of rape and unnatural sex against them.

The Court emphasized that the act of lodging FIRs with false and serious allegations of rape cannot be tolerated and should be severely dealt with.

FACTS

Subsequently, the Court granted approval to a writ petition filed by the four accused individuals, leading to the dismissal of the challenged First Information Report (FIR) registered against them. The FIR encompassed allegations under Sections 376, 377, 313, 406, and 506 of the Indian Penal Code (IPC).

The Court’s proceedings primarily revolved around the writ petition submitted by the accused, asserting that the FIR against them was fabricated and false.

Furthermore, the Court was informed that petitioner no.1 (one of the accused) and the first informant (who alleged rape) had entered into a lawful marriage as consenting adults, and they are presently leading a contented life together as husband and wife.

In addition, the Court learned that the first informant, who was the alleged victim, had addressed an application to the Commissioner of Police, Prayagraj, admitting that she had impulsively lodged a false FIR due to some disagreements that arose between her and petitioner no.1.

During the proceedings, the counsel for the alleged victim reiterated the arguments made by the accused persons’ counsel and presented the fact that the victim is currently residing with petitioner no.1, who is one of the accused, as his spouse. Based on this, the counsel sought the quashing of the writ petition.

CASE ANALYSIS AND DECISION

After carefully considering the arguments presented by both parties and examining the application filed by the alleged victim, the Court immediately observed that it was evident that the serious rape allegations made against the petitioners were entirely false. This led the Court to conclude that the false FIR had been filed with the intention of either exerting pressure on the petitioners or seeking revenge.

Emphasizing the gravity of lodging such FIRs with fabricated rape accusations, the Court granted the plea and imposed a penalty of Rs. 10,000/- on the alleged victim, instructing her to deposit the amount within ten days.

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Written by- Mansi Malpani