SUKHVEER KAUR Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2020-10-95
HIGH COURT OF RAJASTHAN
Decided on October 12,2020

Sukhveer Kaur Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

SANGEET LODHA,J. - (1.) Reportable 1. This intra court appeal is directed against order dated 3.3.20 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the appellants challenging the revised result declared by the respondent-Rajasthan Staff Selection Board ('the Selection Board') for appointment to the post of Supervisor (Women) (Aanganwadi Workers Quota), has been dismissed. Applications (IA No.1/20 & 2/20)
(2.) The applicants Rajwant Kaur and others and Sudesh Kanwar and Another have preferred two applications (IA No.1/20 and IA No.2/20) for impleading them as party respondents in the appeal. Learned counsel appearing for the applicants Rajwant Kaur and others submitted that pursuant to the written examination conducted, the applicants were included in the merit list of selected candidates for appointment to the post of Supervisor (Women) (Aanganwadi Workers Quota) in the original result published as also in the revised result and thus, if on account of alleged irregularity, the entire written examination is set at naught by this Court then obviously, the right of the applicants shall be affected. Learned counsel appearing for the applicants Sudesh Kanwar and another submitted that the applicants have been declared successful in the written examination and therefore, at this stage, if the process of recruitment is interfered with by this Court, the rights of the applicants are bound to be adversely affected and therefore, they deserve to be extended an opportunity of hearing. On the other hand, the counsel appearing for the appellants submitted that the appellants were selected for appointment to the post of Supervisor (Women) in the result of the written examination originally declared, however, the Selection Board on its own proceeded to revise the result acting in most perfunctory manner and therefore, the appellants who stood excluded from the select list on account of the revised result being declared, were well within their right in challenging the action of the Selection Board in revising the result and they were not under an obligation to implead the applicants or anybody else as party respondents and therefore, the applications preferred deserve to be dismissed. Further, the applicants were not party to the writ proceedings before the learned Single Judge. If their rights were likely to be affected by the decision of the writ petition preferred by the appellants herein, nothing prevented them from filing the application seeking impleadment before the learned Single Judge. Indisputably, the writ petition was filed by the appellants affected by the action of the Selection Board in publishing the revised result while re-allocating the marks to the various questions set out in the question paper after the examination was over and the result was once declared and thus, in the writ petition filed, affected by the revised result, the appellants were not required to implead the applicants as party respondents. But, since the decision of the present appeal may adversely affect the selection of the applicants as well, this Court consider it appropriate to allow them to intervene in the matter so as to extend them an opportunity of hearing. Accordingly, the applicants Rajwant Kaur and others and Sudesh Kanwar and another are permitted to intervene in the matter. The applications (IA Nos.1/20 and 2/20) are disposed of accordingly.
(3.) The facts relevant are that the appellants herein applied for appointment to the post of Supervisor (Women) (Aanganwadi Workers Quota) pursuant to advertisement dated 1.10.18 issued by the respondent-Board under the Rajasthan Women and Child Development Service Rules, 1998 (for short "the Rules of 1998"). As per proviso to Rule 23 of the Rules of 1998, the posts of Supervisor are filled in by direct recruitment through written examination conducted by Appointed Authority or Selection Board, as the case may be, in accordance with the Scheme and Syllabus specified in Schedule III. The scheme of examination as set out in Clause II of Schedule III of the Rules of 1998, reads as under: "II. Scheme of Examination: Separate examination shall be conducted for direct recruitment from open market and from Anganwadi Worker by the Appointing Authority/Board. The paper will be of objective type (Multiple choice). Paper will be of 200 marks and duration of the paper will be 3 hours. Syllabus: (i) The paper will be of Graduation standard. (with special focus on nutrition, health early childcare and education) (ii) The syllabus and scope of paper for the written examination will be as prescribed by the Appointing Authority/Board, from time to time and will be intimated to the candidates within the stipulated time, in the manner as the Appointing Authority/Board deems fit." ;


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