NARESH KUMAR RAJPUT Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1997-2-62
HIGH COURT OF RAJASTHAN
Decided on February 13,1997

Naresh Kumar Rajput Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

N.L. Tibrewal, J. - (1.) This batch of writ petitions involves identical questions of facts and law and as such, they may be disposed of jointly by a common judgment.
(2.) The principal controversy involved in the petitions relates to interpretation of Notification dated, 11th August, 1995, made by the Governor of Rajasthan in exercise of power under Article 309 of the Constitution of India making amendment in Rule 4 and Rule 11 of the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules, 1962 (hereinafter to be referred to as 'the Rules of 1962'), particularly, new proviso inserted providing one more chance to a candidate.
(3.) After the Rules of 1962 came into force, direct recruitment to the posts in State and Subordinate Services mentioned respectively in Sch.-I and Sch.-II are governed and made a by a combined competitive examination to be conducted by the Rajasthan Public Service Commission (for short 'The Commission'). Rule-11(1) describes number of chances which a candidate can avail. Rule 11(1), as on August 1, 1995, when impugned Notification came to be issued was as under:- "11. Admission to the examination : (1) The number of chances which a candidate, except in the case of candidates belonging to the Schedule Castes or Scheduled Tribes, appearing at any of these examinations can avail of shall be restricted to 'four' excluding the chances which he has already availed of at examinations or selection (held before the promulgation of these Rules) for direct recruitment to posts specified in Schedule I or Schedule II, as the case may be: Provided that a candidate who has already availed four chances before the change in syllabus and scheme of the examination vide notification No. F. 5(1) DOP/A-II/92 dated, 3rd February, 1993 and who is otherwise eligible shall be permitted one more chance at any of the examinations to be held after the above mentioned notification.";


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