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1993 DIGILAW 822 (RAJ)

Dilip K. Sharma v. State of Rajasthan

1993-12-15

JASRAJ CHOPRA

body1993
JUDGMENT 1. The contention of the petitioner is that in pursuance of an Advertisement (Annexure-5) dated 29.11.1992, he has made an application for selection as Legal Draftsman but his candidature was not considered by the RPSC on the ground that he has not passed Hindi or English as an optional subject in his B.A. Examination and, therefore, he was not called for interview. However, under the orders of this Court the RPSC was directed to take his interview and it was further directed that his result be kept in a sealed cover. 2. The short question involved in this writ petition is whether the petitioner has passed Hindi or English as an optional subject in his B.A. Examination and whether on the basis of this, his result can be ordered to be declared ? 3. I have heard Mr. R.D. Rastogi, the learned counsel appearing for the petitioner, Mr. A.K. Parihar the learned counsel for respondent No.2 and Miss Deepa Ajhawani, the learned Deputy Govt. Advocate and have carefully gone through the record of the case. 4. The qualification for the post of Vidhi Rachnakar (Legal Draftsman) as contained in the Schedule-I appended with the Rajasthan Vidhi Rachna (State and Subordinate)Service Rules, 1981 (for short 'the Rules') are as follows : "1. Bachelor of Law (2 years course under the Old Scheme and 3 years course under the New Scheme) or a Bachelor of Law (Professional) of a University established by law in India. 2. Must have had English and Hindi as the subjects (at least one of them being optional) in the B.A. Examination." 5. The contention of the petitioner is that after passing 10+2 Examinations from Mayo College, Ajmer in the year 1984, the petitioner sought admission in LL.B. Five years course in the University of Rajasthan, Jaipur. In that course after three years, the degree of Bachelor of Arts with Law (for short 'the B.A.L:) is being provided by the University and thereafter, two years more are required in the aforesaid course and then, a candidate is being granted the Degree of LL.B. Professional Course. In that course after three years, the degree of Bachelor of Arts with Law (for short 'the B.A.L:) is being provided by the University and thereafter, two years more are required in the aforesaid course and then, a candidate is being granted the Degree of LL.B. Professional Course. Alongwith the writ petition, the petitioner has filed Provisional Certificate Annexure-3 showing that he has passed B.A. with Law Examination in 1987 in Second Division from the University of Rajasthan; and the Provisional Certificate Annexure-4 showing that he has passed LL.B. (Professional) Examination in 1990 in Second Division from the University of Rajasthan. 6. The contention of the petitioner is that he has passed B.A. examination with Hindi and English as Optional Subjects and, therefore, he cannot be denied his right to be interviewed by the RPSC for selection to the post of Legal Draftsman. He has submitted that he fulfil the requisite qualifications for the post of Legal Draftsman. Mr. R.D. Rastogi, the learned counsel appearing for the petitioner has drawn my attention to the Syllabus of B.A. Part I Examination, 1984 issued by the Faculty of Arts and Social Sciences, University of Rajasthan, Jaipur, wherein it has been provided that for passing compulsory subjects of Hindi and English, one is required to obtain 13 marks (25%) out of 50 marks whereas for passing Optional Subjects of Hindi and English, one is required to obtain 72 marks out of 200 Marks. It has been further provided that for Compulsory Subjects of Hindi and English, there will be one paper each of two hours and for Optional Subjects of Hindi and English, there will be two papers each, of three hours. Moreover, the Ordinance No. 202 provides that a candidate who fails in one Optional/Core Subject and/or in one or more compulsory subjects at the First Year T.D.C. examination shall be eligible to appear in the due optional/core/compulsory subjects(s) at the immediately following supplementary examination. A candidate who fails to clear the due optional/core subject at the said supplementary examination shall be required to reappear at the First Year Examination in full (excluding the compulsory subjects(s) in which he has already passed. A candidate who fails to clear the due optional/core subject at the said supplementary examination shall be required to reappear at the First Year Examination in full (excluding the compulsory subjects(s) in which he has already passed. However, a candidate who passes in the due optional/core subject but again fails in compulsory subject(s) at the said Supplementary Examination shall be permitted to re-appear in the failing Compulsory subject(s) only at the subsequent main and supplementary Examination subject to the conditions laid down in Ord. 153, but he shall not be permitted to take the Second Year Examination until he passed in all the compulsory subjects of the First Year T.D.C. Examination. 7. It was, therefore, argued by Mr. Rastogi that when the petitioner has already cleared the language subjects in English and Hindi as per Annexures-11 and 12, and he has been awarded a degree of B.A. with Law it cannot be said that he is not a Graduate in Arts and he has not passed optional subjects of Hindi and English in his B.A. Examination. 8. On the other hand, the contention of Miss Deepa, the learned Deputy Govt. Advocate and Mr. Ashok Parihar, the learned counsel for the respondent No. 2 is that the matter has already been referred to the Govt. and the Govt. has clarified that prescribed qualifications should be fulfilled before a man is made entitled to be interviewed, for the post of Legal Draftsman. 9. It was contended by Miss Deepa that the petitioner has only passed English and Hindi Examinations in his B.A. Examinations as compulsory subjects and,therefore, even if it is treated that he has passed B.A. Examination, he is not entitled to be called for interview for the post of Legal Draftsman because he does not fulfil the requisite eligibility provided in the Rules. 10. I have considered the rival submissions made at the bar. From the perusal of the marks-sheet Annexure 11, it is clear that in LL.B. (First Year) (Five Years Scheme) Examination, 1985, the petitioner has obtained 73 and 70 marks respectively in Language (English-I) and Language (Hindi-I) Papers. It is further clear from the perusal of the Marks-sheet Annexure-12, that the petitioner has obtained 60 and 53 Marks respectively in Language (English-11) and Language (Hindi-II) Papers. These Marks were obtained by him out of Maximum Marks 100. It is further clear from the perusal of the Marks-sheet Annexure-12, that the petitioner has obtained 60 and 53 Marks respectively in Language (English-11) and Language (Hindi-II) Papers. These Marks were obtained by him out of Maximum Marks 100. These marks have been counted for the purpose of awarding Division to the petitioner. Thus, as per the Syllabus of B.A. Part-I Examination, 1994 issued by the Faculty of Arts and Social Sciences, University of Rajasthan, Jaipur, for Optional Subjects of Hindi and English one is required to obtain minimum 72 Marks out of 200 in two papers of each subject and, therefore, the petitioner will be treated to be graduate in Arts (B.A.), who has passed Hindi and English Paper as Optional Subjects and when he, has cleared those subjects as Optional subjects in first Division, he cannot be denied his right to be considered for the post of Legal Draftsman. The petitioner has already been interviewed and the result of that interview was brought to the court in a sealed cover, which shows that he has already passed in the interview and, therefore, the respondents are directed to declare his result assigning him proper seniority so that he may be appointed against the vacancies, which are there in the Law Department. 11. With these directions, this writ petition stands disposed of accordingly.Petition disposed of. *******