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2005 DIGILAW 1488 (RAJ)

Rafeeq v. State of Rajasthan

2005-05-18

R.P.VYAS

body2005
Judgment 2. The instant petition has been filed by the petitioner with the prayer that the respondents be directed to allow the petitioner to join the service in pursuance of appointment order dated 23.03.2005. 3. The Rajasthan Public Service Commission (hereinafter referred to as the RPSC) issued an advertisement inviting application for appointment on the post of Primary Teacher on 02.06.2004. 4. The petitioner appeared in the examination conducted by RPSC and was declared successful. The petitioner was offered appointment vide order dated 23.03.2005 (Annexure 2). 5. The further case of the petitioner is that the petitioner is having the qualification of BSTC as in the year 2003, the petitioner passed first year of BSTC and in the year 2004, he appeared in second year of BSTC. Unfortunately, there was supplementary in one subject because the petitioner fell ill and was admitted to the hospital, therefore, he could not appear in one paper, so he appeared in the supplementary examination and was declared successful in the same year. 6. It has also been averred by the petitioner that mark-sheet of second year BSTC was issued on 011.2004 and the mark-sheet of supplementary was issued 21.04.2005 and the same was received by the petitioner on 29.04.2005. 7. Further case of the petitioner is that in pursuance of appointment order dated 23.03.2005, which was received by the petitioner on 04.04.2005, the petitioner appeared before the competent authority on 07.04.2005 and submitted all the requisite documents and prayed to allow him to join the duties on the post of Teacher Grade III , but the respondent did not allow the petitioner to join the duty saying that he has not cleared the BSTC examination. 8. In such circumstances, the petitioner was having no option except to wait for the mark-sheet of supplementary examination and on receipt of the same on 29.04.2005, on the very next day on 30.04.2005, the petitioner sent the mark-sheet by registered post as well as through courier to the RPSC alongwith a representation explaining that there was no fault on the part of the petitioner in submitting the mark-sheet of BSTC by some delay. The petitioner also requested that selection process is still going, therefore, he may be allowed to join the duties and the representation of the petitioner has not been decided so far. 9. The petitioner also requested that selection process is still going, therefore, he may be allowed to join the duties and the representation of the petitioner has not been decided so far. 9. During the course of arguments, it has been requested by the learned Counsel for the petitioner that the RPSC and the respondents No. 5 be directed to consider the representation of the petitioner in light of the fortuitous circumstances sympathetically for appointment on the post of teacher Grade III in pursuance of appointment order dated 23.03.2005. Since, the request of the petitioner is only for consideration of the representation, therefore, the instant petition is disposed of at this stage by giving a direction to the RPSC and respondent No. 5 to consider the representation of the petitioner in accordance with law only. Thus, this writ petition filed by the petitioner is disposed of in the manner that the petitioner is directed to file a fresh representation within a period of 15 days from today and the RPSC and respondent No. 5 shall consider and decide the same either way in accordance with law. It if is found that the petitioner is entitled for any relief in accordance with law, then the same may be given to the petitioner and if the petitioner is not found entitled to the relief sought for, then a reasoned and speaking order may be passed strictly in accordance with law after affording an opportunity of hearing to the petitioner.