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Rajasthan High Court · body

1999 DIGILAW 1285 (RAJ)

Jaswant Singh v. State of Raj.

1999-10-06

B.J.SHETHNA

body1999
Honble SHETHNA, J.–The petitioner submitted an application to the respondent No. 3 seeking admission in Polytechnic College for diploma course conducted by the respondents and in pursuance of that application, he received an interview call letter dated 12.8.99 in which he was placed at S.No. 395 in the provisional merit list in the Scheduled Caste category and at the same time he was allotted a provisio-nal merit No. 3321 in the general category. A photostat copy of the petitioners application form is produced by the learned counsel Mr. Kalla for the respondent department which is taken on record. (2). On the date of interview i.e. 24.8.99, the petitioner was given another form for the purpose of choice of the subjects. (3). At the time of interview, the Board checked all necessary documents and asked the petitioner to produce the bonafide certificate and record of the previous examination as well as caste certificate issued by the authority whose office is situated in Rajasthan as per the Department of Personnel circular No. F. 6(17) Appointment (A-6)/61 dated 13.12.61 and 27.12.61 (Annex. R/1 to the reply affidavit). Considering the marksheet, date of birth as well as caste certificate produced by the petitioner, he was placed in the merit list at S.No. 559-A in the Scheduled Caste category because he was non-resident of Rajasthan and in general category, he was placed at 3321. (4). According to the petitioner, when he was called for the interview on 24.8.99, vacancies were there in the Electrical subject at Sirohi, Banswara, Udaipur and Barmer, therefore, he gave his choice in Electrical subject. However, after the production of caste certificate etc. at the time of interview by the petitioner, his position was changed from 395 to 559-A in the Scheduled Caste category, therefore, he could not get admission. Hence, he has filed this writ petition praying that the respondents be directed to consider the candidature of the petitioner by considering him at S.No. 395 instead of 559-A in the Scheduled Caste category and to give him admission in Electrical for completing him diploma course. (5). Learned counsel Mr. Hence, he has filed this writ petition praying that the respondents be directed to consider the candidature of the petitioner by considering him at S.No. 395 instead of 559-A in the Scheduled Caste category and to give him admission in Electrical for completing him diploma course. (5). Learned counsel Mr. Trivedi for the petitioner vehemently submitted that having placed the petitioner initially at 395 in the Scheduled Caste category, it was not open to the respondents to change his position unilaterally on the date of interview from 395 to 559-A on verification of the caste certificate and other documents without assigning any reasons for the same. This submission of Mr. Tri-vedi cannot be accepted for the simple reason that initially it was a provisional list prepared on the material furnished by the candidates and accordingly, he was placed at S.No. 395 in the Scheduled Caste category. However, at the time of interview on the production of the caste certificate by the petitioner when it was found that he was non-resident of Rajasthan, he was placed at S. No. 559-A amongst the Scheduled Caste candidates from the States other than the State of Rajasthan. That has to be done as per the circular dated 13.12.61 and 27.12.61 (Annex. R/1). In view of the above, while changing the position of the petitioner from 395 to 559-A, the respondents were not required to assign the reasons. Hence, this submission of the Mr. Trivedi is rejected. (6). Mr. Trivedi then tried to submit that Annex. R/1 is applicable to the appointments only and not to admission. This submission of Mr. Trivedi cannot be accepted for the simple reason that the language of the impugned circular (Annex. R/1) is more than clear. It applies to admissions also. Hence this submission of Mr. Trivedi is also rejected. (7). Mr. Trivedi lastly submitted that the booklet at Annex.4 for giving admission makes it clear that the petitioner should have been given priority in admission because he had passed Secondary School examination from the Board of Secondary Education, Rajasthan. He submitted that for getting priority in admission, five conditions are mentioned in Clause 3(1) of the booklet at Annex. 4 and in his case, he is fullfiling the first requirement namely that passing Secondary School examination from the Board of Secondary Education, Rajasthan. He submitted that for getting priority in admission, five conditions are mentioned in Clause 3(1) of the booklet at Annex. 4 and in his case, he is fullfiling the first requirement namely that passing Secondary School examination from the Board of Secondary Education, Rajasthan. He submitted that the third condition is that he should be a resident of Rajasthan but the petitioner was required to fulfil one of those conditions because the word used is ``or (vFkok). (8). I would like to reproduce the entire clause 3 which is as under:- ^^3-izosk esa izkFkfedrk** 1-fuEufyf[kr Js.kh ds vH;fFkZ;ksa dks izosk esa izkFkfedrk nh tkosxh& ftu vH;fFkZ;ksa us ek/;fed fk{kk cksMZ] jktLFkku ls ek/;fed ijh{kk ;k mPp ek/;fed ijh{kk fu;fer Nk= ds :i esa v/;;u dj mrh.kZ dh gksA vFkok ftu vH;fFkZ;ksa us dsUnzh; ek/fed fk{kk cksMZ dh lhfu;j Ldwy lfVZfQdsV ijh{kk ;k ek/;fed ijh{kk jktLFkku esa fLFkr fdlh Ldwy ls fu;fer v/;;u dj mrh.kZ dh gks vFkok jktLFkku dk ewy fuoklh gksA vFkok jktLFkku ljdkj ds deZpkjh dh larku@iRuh gksA vFkok jktLFkku jkT; ds cksMZ] foofo|ky; rFkk Hkkjr ljdkj ;k mlds miØe esa deZpkjh dh lUrku@iRuh ftudk inLFkkiu jktLFkku esa fLFkr dk;kZy; esa gksA mijksDr Js.kh ds vH;fFkZ;ksa dks izosk nsus ds ckn ;fn izosk LFkku fjDr jgrs gS] rks vU; vH;fFkZ;ksa dks ;ksX;rk ds vk/kkj ij izosk fn;k tk;sxkA** (9). Prima facie, this submission made by Mr. Trivedi looks attractive because in clause 3(1) the word ``and is not used but it is ``or. However, a close scrutiny of Annex.4 makes it clear that it is only for the unreserved class and it is not mentioned anywhere in clause 3(1) that it applies to a candidate from Scheduled Caste category also. For Scheduled Caste category, the circular at Annexure R/1 is applicable and according to that circular, the petitioner was placed at S.No. 559-A from S.No. 395. Hence, this submission of Mr. Trivedi is also rejected. (10). Except the aforesaid contentions, no other contention was raised. (11). I do not find any substance or merits in this petition and accordingly it fails and is hereby dismissed. (12). Stay petition is also dismissed.