MOHAN LAL KUMAWAT AND ORS. Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-7-41
HIGH COURT OF RAJASTHAN
Decided on July 16,2015

Mohan Lal Kumawat And Ors. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Alok Sharma, J. - (1.) THE common legal issue in the aforesaid petitions is the alleged arbitrariness of the Rajasthan Public Service Commission (hereinafter "RPSC") in failing to call the petitioners for interview following the Rajasthan State and Subordinate Combined Competitive (Main) Examination, 2012 whereby recruitment to various posts in the State Services and several posts in the Subordinate Services was initiated in terms of the advertisement dated 06.02.2012.
(2.) S .B. Civil Writ Petition No. 1192/2015 titled Mohan Lal Kumawat Vs. State of Rajasthan & Anr. is taken as the lead case. Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1999 (hereinafter "the Rules of 1999") provide for recruitment for the State and Subordinate Services of the State of Rajasthan. Under notification dated 06.02.2012 vacancies for recruitment to various posts were advertised. Rule 15 of the Rules of 1999 provides that candidates who succeed and obtain minimum marks in the written examination (main) as fixed by RPSC in its discretion would be called for an interview. RPSC in its discretion fixed the criteria of 35% marks in the written examination for ST/SC candidates as also candidates belonging to Ex -serviceman and for candidates applying as persons with disabilities (PWDs) under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter "the Act of 1995") to be entitled to an interview call.
(3.) THE petitioner suffering from 75% vision impairment belongs to the general physically handicapped category and wrote the examination, 2012 as such. Having obtained 415 marks i.e. less than 35% marks in the written examination he was not called for an interview. The cut -off for the category of candidates to which the petitioner belongs was 455 in the ST/SC and OBC (non -creamy layer) category and 457 in the General category. Aggrieved of not having been called for interview following the Competitive Examination 2012, this petition has been filed on various grounds.;


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