NAVAL KISHOR SHARMA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2009-11-12
HIGH COURT OF RAJASTHAN
Decided on November 30,2009

NAVAL KISHOR SHARMA Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) ALL these petitions being based on common facts involving identical controversy raised at the bar are being decided together at joint request by present order.
(2.) BEING eligible for the posts of Teachers (Sanskrit)/General Teachers Gr.III advertised by Rajasthan Public Service Commission Ajmer (PSC) vide notification No.1/Exam. Ga/Adhyapak/Sanskrit Shiksha/2008-09/1125/dated 20/06/2008 (Ann.1/CWP-8359/2009) petitioners submitted their applications. It has not been disputed that all the petitioners are eligible to appear in process of selection initiated by PSC for the post of Teachers (Sanskrit)/General Teachers Gr.III but their candidature has been rejected only on the premises of either having filled up wrong post Code or failed to fill up post Code in OMR sheet being appended to the application form or having been made available to the applicants through downloading from internet website of respondent-PSC by virtue whereof, they were not permitted to appear in Teacher (Sanskrit)/General Teachers Gr.III competitive examination, 2008 which was scheduled to be held on 22/07/09 as is evident from press notification dt.02/07/09. These petitioners approached this Court by way of instant petitions. Under interim orders, all of them were provisionally permitted to participate in process of selection and appear in aforesaid competitive examination, 2008 subject to production of proof regarding Bar Code and declaration of result of their participation was made subject to permission of this Court. However, pursuant to interim orders, Admit cards were issued to respective petitioners. Counsel for petitioners jointly submit that initially while advertisement was published on 20/06/08 separate post Code was to be mentioned by applicant intending to participate pursuant to advertisement, ibid, but upon corrigendum being published by respondent-PSC vide notification No.2/2008-09/dt.02/09/08 (Ann.3-CWP-8359/09) calling upon incumbents to mention different post Code for Teacher (Sanskrit)/General Teacher Gr.III, confusion was created in their mind while mentioning respective Post code in course of filling up OMR sheet. It is not the case of respondents that petitioners were not eligible to appear in written competitive examination, 2008 having been held pursuant to advertisement dt. 20/06/08 (Ann.1) on the basis of their respective qualifications which they possessed but their only counter is that on account of wrong mention of post Code or failure to do so, their respective applications have been rejected by respondent-PSC. Since the grievance raised at the bar is only confined to wrong mention of post Code or failure to do so by petitioners, that itself in no manner can curtail their right to participate in competitive examination, 2008 (supra) pursuant to advertisement dt.20/06/08 and that apart, once the petitioners though eigible have been permitted to appear in the competitive examination, 2008, ibid, even under interim orders, their appears to be a reasonable justification that they may know the final fate of their participation.
(3.) IN the light of what has been observed (supra), all these writ petitions are disposed of with the direction to the respondent-PSC to declare result of participation of the writ petitioners who have appeared under interim orders of this Court, by wide publication & circulation including through internet website of respondent-PSC within fifteen days and if placed in the merit list, respondents are directed to consider them for appointment as per order of their respective merit prepared by respondent-PSC in pursuance of advertisement dt.20/06/08. No costs.;


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