Rajendra Singh Rawal S/o Man Singh Rawal v. Rajasthan High Court, Jodhpur Through the Registrar (Exam Cell)
2017-11-01
GOPAL KRISHAN VYAS, MANOJ KUMAR GARG
body2017
DigiLaw.ai
JUDGMENT : GOPAL KRISHAN VYAS, J. In this writ petition, the petitioner has prayed for the following reliefs: “(I) By an appropriate writ order or direction, the respondents may kindly be directed to cancel the whole exam and re-conduct the exam afresh in the interest of justice. Quash and set aside. (II) By an appropriate writ order or direction, the respondents may kindly be directed to enquire the whole issue as in consonance with the rules prevailing and the actual matrix to conduct the same. (III) By an appropriate writ order or direction respondents may kindly be directed to re conduct the examination process and selection process in accordance with the existing amended rules of Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986. (IV) By an appropriate writ order or direction respondents may kindly be directed to amend the Schedule-I Part-II of the Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986 which has been inadvertently skipped while amending the Rules in 2015. (V) Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners. (VI) Writ petition filed by the petitioners may kindly be allowed with costs.” 2. Admittedly, the petitioner appeared in the selection process initiated in pursuance of the advertisement (Annex.1) dated 18.2.2017 and after declaring unsuccessful, has challenged the whole selection process and raised objection with regard to violation of some provision of rules. As per pleadings neither the petitioner is in merit nor any evidence is there for considering the candidature of any candidate having less percentage of marks than the petitioner. 3. In view of the above fact and as per the recent judgment of the Hon'ble Supreme Court in the case of Ashok Kumar v. State of Bihar reported in (2017) 4 SCC 357 , no right created in favour of the petitioner to challenge the selection process after taking part in the selection process without any objection. 4. In view of the above, while following the aforesaid judgment, the instant writ petition is hereby dismissed.