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Rajasthan High Court · body

2012 DIGILAW 1817 (RAJ)

Prabudh Manch v. State of Rajasthan

2012-08-22

ARUN MISHRA, KUMAR JAIN-I

body2012
Hon'ble JAIN-I, J.—Heard finally, with the consent of parties. 2. The petitioners have preferred this public interest litigation, wherein, they have prayed for the following reliefs:- “(a) A framework may be formed by the respondents so that personal life and personal liberty of the persons living the city are being taken care of. (b) Proper arrangement of the security is being made when there is large number of recruitees in the city. (c) All the authorities were involved in the recruitment and non-coordination between them has caused such panic incident they shuld make proper arrangement for the security and safety of the persons living in Ajmer. (d) Railways be directed that the recruitees are not being allowed to travel without ticket and put the State to be financial loss and the RPF which is meant to protect the railway property must do their duty properly so that there is no loss to the state. (e) To direct the respondents to take haste action against the erroring officer whose failure made Ajmer lawlessness city so that it give deter-rent effect to the other officer so that such mistake is not repeated. Any other appropriate order or direction, which this Hon'ble Court found just and proper in the facts and circumstances of the case be passed in favour of the petitioner.” 3. The petitioners have averred in the writ petition that on 17th September, 2010, the petitioner No.2 was going to drop her daughter in Mayur School, Ajmer for rifle shooting practice around 6:30 in the morning. When she was on the way, she faced an attack from yelling crowd of young men, who had come for CRPF recruitment examination, at Ajmer. The crowd attacked the car of petitioner No.2 and tried to break the lock and the window of the car, but she managed to escape from that place. It was also averred that some persons were armed with sticks and doing all the non-sense with the other persons living in the same vicinity. The copies of newspaper cuttings were also annexed. It was also averred that these recruitees of CRPF torn off the cloths of women and girls and did all the non-sense activities on all the place around the CRPF ground and it had become just like a place there was jungalraj and lawlessness. These miscreants snatched the chains and cloths of the women and girls in the area. It was also averred that these recruitees of CRPF torn off the cloths of women and girls and did all the non-sense activities on all the place around the CRPF ground and it had become just like a place there was jungalraj and lawlessness. These miscreants snatched the chains and cloths of the women and girls in the area. The said mis-happening was not the first instance in Ajmer, it so happens many a times due to non-coordination of the respondents. The Superintendent of Police, Ajmer has made a statement in the newspaper that he was not informed by the CRPF that they are going to take examination, therefore, proper arrangements could not be made in the city. Copy of statement published in newspapers, has been enclosed. The petitioner No.2 is still in under the trauma of the aforesaid incident and the minor daughter of the petitioner No.2 is under nervous shock and has not come out from that trauma. The respondents had not done their duties and failed to coordinate with each other. The Railway and CRPF have failed their duty and allowed the recruitees to travel on the roof of the train. The district administration at Ajmer also failed to make proper security arrangements looking to large number of recruitees, who had come in the city for the examination. Petitioner No.2 also lodged one FIR, a copy of which was also annexed with the petition. 4. A notice to show cause was issued to the respondents and in response thereto the respondents Nos. 3, 6, 7 & 8 have filed their joint reply to writ petition, wherein it was submitted that 26 vacancies for the post of GT (Drafty/Peon/SK(Min.)/Farash) was sub allotted to GC-I, CRPF, Ajmer with the direction to fulfill from the candidates of Rajasthan State by open rally system vide DIG (Rectt.), New Delhi as communicated vide IGP NS Signal No. A.VI-4/10- NS-Adm-II dated 02/-7/10. Accordingly, the respondents requested Regional Employment Officer, Regional Employment Exchange and District Sainik Welfare Board officer of all districts of Rajasthan to sponsor eligible candidates registered personnel with Employment Exchange/Sainik Welfare Board and list of such candidates be furnished to this office. Respondents also requested above officers to direct all the candidates to appear for recruitment test at Group Centre-One, CRPF, Ajmer at 09 hrs on 17.09.2010. Respondents also requested above officers to direct all the candidates to appear for recruitment test at Group Centre-One, CRPF, Ajmer at 09 hrs on 17.09.2010. The respondent informed the Divisional Railway Manager, Ajmer Division, North Western Railway, Ajmer, Rajasthan and Station Superintendent, Railway Station, Ajmer that said recruitment is being carried out in Group Station w.e.f. 17.09.2010 to 23.09.2010 in which huge candidates of various districts of Rajasthan would be appearing and requested them to make necessary arrangements at Railway Platform to avoid any untowards incident vide letter dated 10th September, 2010. It was also submitted in the reply that Superintendent of Police and the District Mangistrate, Ajmer were also requested to make necessary security arrangement for the period w.e.f. from 17.09.2010 to 23.09.2010. It was also submitted that on the basis of their request, the Superintendent of Police, District Ajmer vide his letter dated 15th September, 2010 had issued necessary instructions to various Police Station Control Rooms with the direction to make proper arrangement to avoid any untowards incident during the recruitment. 5. Respondent No.5 filed its separate reply to writ petition and submitted that the respondents carry out their duties/functions in the prescribed manner and takes effective steps as and when there is huge gathering. The persons had gathered at Ajmer for recruitment in pursuance of advertisement advertised by CRPF for various posts. The candidates also came from other States in addition to various parts of the State of Rajasthan. There were large number of candidates, which was not even expected. However, respondents had controlled the huge gathering at their best. Though the candidates, who came to Ajmer for recruitment in CRPF from various places and at the time of their return some of them have boarded on the roof of bogies as their was no space inside the bogies. It was also submitted that it has caused inconvenience to the passengers but answering respondent has tried their best to pursuit the persons who have boarded on the roof of the train to get down. The answering respondent never allow any person to travel without ticket and the Railway Protection Force is always vigilant about the railway property and performs their duty with the utmost dedication. 6. The answering respondent never allow any person to travel without ticket and the Railway Protection Force is always vigilant about the railway property and performs their duty with the utmost dedication. 6. Submission of learned counsel for the petitioners is that when there was an apprehension that large number of candidates will come from all districts of Rajasthan and other States also to appear in the examination to be conducted by CRPF then it was the duty of the respondents to see that no person of the city of Ajmer should suffer any difficulty whatsoever. The candidates should not have been allowed to travel without tickets. The proper arrangements were not made resulting in causing inconvenience to public at large of Ajmer City. 7. Learned counsel for the respondents submitted that a due care and arrangements were made but unexpected crowd of candidates came, but still they performed their duties with utmost dedication. They also argued that so far as registration of First Information Report is concerned, necessary action will be taken in accordance with law. They will also take care in future for such an incident. 8. We have considered the submissions of learned counsel for the parties. 9. The petition has been filed in respect of so called incident alleged to have taken place in Ajmer on 17.9.2010, on the date fixed by CRPF for conducting examination for the post of Gt (Drafty/Peon/SK(Min.)/Farash etc.). From the pleadings, it appears that an advertisement was issued for recruitment on the said posts. The date was fixed for conducting the examination. The posts were to be filled by open rally system. The concerned answering respondent had already informed about the examination. Necessary instructions were also issued. But for one reason or the other, there were some lapses on part of the respondents in performing their legal and statutory duties with utmost care and dedication. No such incident should have been allowed to take place in the city, which took place with the petitioner No.2 or other persons of Ajmer City on 17th September, 2010. It was the duty of the respondents to control the law and order situation and to make proper arrangements for examination. The respondents were aware about number of candidates, therefore, according to number of candidates, arrangements should have been made for proper stay of the candidates, for their conveyance and other facilities also. It was the duty of the respondents to control the law and order situation and to make proper arrangements for examination. The respondents were aware about number of candidates, therefore, according to number of candidates, arrangements should have been made for proper stay of the candidates, for their conveyance and other facilities also. The respondents cannot escape from their duties by saying that necessary instructions had been issued to all the Police Station Control Rooms. Mere showing necessary instructions are not sufficient, but actual action is required to be taken to maintain law and order situation. In these circumstances, we dispose off the writ petition with the following directions:- (A) The concerned respondent will take necessary steps in the First Information Report lodged by petitioner No.2, if the same has not been taken so far, in accordance with law, forthwith. (B) The respondents are directed to make suitable arrangements for conveyance, stay of the candidates, who are likely to appear in examination. The respondents should inform the concerned person as the number candidates, who are likely to appear in the examination. (C) The respondents are directed not to allow any candidate to travel in the train without ticket. (D) The Director General, Railway Protection Force is also directed to make necessary arrangements for such a situation and for protection and safety of the railway/public property. (E) The State Govt. and its functionaries are directed to ensure that no such mis-happening may take place in future, in such a situation. (F) Respondents are also directed to make proper arrangements for security of the persons/citizens of the city concerned, where such examination takes place. (G) The concerned respondent, which takes examination should make such an effort that all concerned departments may coordinate with each other in respect of facilities of the candidates as well as security of the public at large and no such mis-happening takes place in future. (H) The respondents are directed to make an inquiry and take appropriate action against the defaulting officials/officers, who failed to perform their duties.