SHIMBHU DAYAL Vs. BOARD OF REVENUE FOR RAJ & ANR
LAWS(RAJ)-1992-7-103
HIGH COURT OF RAJASTHAN
Decided on July 29,1992

Shimbhu Dayal Appellant
VERSUS
Board Of Revenue For Raj And Anr Respondents

JUDGEMENT

- (1.) In this writ petition, the petitioner has prayed that the respondents be directed to permit the petitioner in 'Patwar Training Course' since seats are lying vacant and further that the petitioner be appointed on the post of Patwari as per rules.
(2.) The brief relevant facts of the case are that the respondent No. 1 issued an advertisement in Navbharat Times, Jaipur, dated 2.1.1990, by which the said respondent invited applications for being joining to the Patwar Training Course through direct appointment. From this advertisement, it is apparent that there were 32 seats for Sawaimadhopur District, out of which 16% seats were reserved for Scheduled Caste Candidates, 12% for Scheduled Tribe Candidates, 10% for Class IV Employees and 12.5% for Ex-Service Men. It has also been mentioned in this advertisement that in case the candidates of IV Class Employees were not made available, the seats would be filled up from the General-Category, on the basis of merit. According to the petitioner, he appeared in the examinations which were held on 31st March, 1990 and 1st April, 1990, and his Roll Number was 40120. The result of the examination was published in 'Nav Jyoti' on 9.6.1990 and only 30 candidates were declared as successful candidates, out of which four candidates from Scheduled Caste Category, four from Scheduled Tribe category, one candidate from Ex-Service Men, and one from Class IV Employees were selected. Thus, in all ten persons were selected from the reserved category. Rest of the seats were to be filled from general category. The petitioner's position in the result was at SI. No. 21, in general category and thus he was entitled to be selected for the said training course but the respondents arbitrarily refused admission to the petitioner for the aforesaid course.
(3.) The respondent No. 2 submitted reply to the writ petition. In Para Nos. 4 and 6 of the reply, it was mentioned that by mistake, the petitioner was shown as selected candidate. The respondent No. 2 did not dispute Para No. 6 of the Writ Petition, meaning thereby that the petitioner passed the aforesaid examination. The case of the respondent further is that one Girdhari Lal s/o Ram Dayal, though belonged to the general category, was shown in the category of Scheduled Caste and as such the result was not properly declared and in case the name of Girdharilal is included in the general category, the petitioner cannot be admitted in the aforesaid course as the quota of general category has already fulfilled.;


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