LOKENDRA SINGH GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 17.10.2013 passed by Rajasthan Public Service Commission holding petitioner to be ineligible. Learned counsel submits that in pursuance of advertisement issued by the RPSC, application form was submitted by the petitioner for the post of PTI Gr.III. The petitioner was called for selection and finding him to be meritorious, given appointment. He has now been rendered ineligible vide impugned order dated 17.10.2013.

(2.) Learned counsel submits that required qualification was possessed by the petitioner however ignored only for the reason that qualification was taken while the petitioner was in service. It is even in ignorance of order issued by the Government of India holding qualification possessed by the petitioner to be a proper qualification for the post in question. Thus action of the RPSC is illegal and otherwise petitioner having been appointed, cannot be rendered ineligible. It is also stated that similarly placed candidates have not been rendered ineligible, rather they have been appointed and continued in service. This court allowed writ petition in the case of Badri Lal vs. Secretary to Govt., Education Department, Jaipur & Ors., S.B. Civil Writ Petition No. 2808/1997, on 20.12.2006. Accordingly, the impugned order may be set aside with the direction to the respondents to continue the petitioner in service.

(3.) During the course of arguments, learned counsel for petitioner gave further reference of certain letters written by Officers of the Army to RPSC as well as to the NCTE to recognize the course of Physical Training of the Army.