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2019 DIGILAW 1098 (RAJ)

Shashi Prakash Sharma v. State of Rajasthan

2019-04-11

ALOK SHARMA

body2019
ORDER : Alok Sharma, J. 1. The issue agitated in this petition is with regard to the appointment of LDCs in various Zila Parishads pursuant to the advertisement dated 12.2.2013, the last date for submission of online application forms in which was 23.3.2013. Admittedly the petitioners did not submitted their online application forms within the permissible time i.e. upto 23.3.2013. 2. Following the judgment of this Court in the case of Rajendra Kumar Sharma & Others vs. State of Rajasthan & Others SBCWP No. 8679/2017 decided on 31.5.2017 on the issue of grant of experience certificate to the petitioners therein from the day they joined the National Rural Health Mission (NRHM) till 18.4.2013 when they were engaged with the Rural Development and Panchayat Raj Department following the takeover, the petitioners preferred SBCWP No. 14702/2017 titled Ashish Kumar Sharma & Others vs. State of Rajasthan & others and SBCWP No. 13736/2017 titled Shashi Prakash Sharma & Others vs. State of Rajasthan & Others which were decided on 11.9.2017 and 18.8.2017. By the aforesaid final orders passed ex-parte the Court quoting profusely from the judgment in the case of Rajendra Kumar Sharma (supra) disposed of the petitions directing that "in case, recruitment process is still in progress, case of the petitioners be also considered in terms of the directions given in the case of Rajendra Kumar Sharma (supra)". The petitioners construing the orders dated 11.9.2017 and 18.8.2017 as a license to submit offline application forms pursuant to the advertisement dated 12.2.2013, then so did in the months of August and September, 2017. The said offline applications forms belatedly filed about four years subsequent to the receipt of application i.e. 23.3.2013 as notified were obviously not considered. 3. Hence this petition, praying that the omission of the respondents in non-consideration of the petitioners offline application forms pursuant to the advertisement dated 12.2.2013 with due regard to their experience certificate for grant of bonus marks is wholly arbitrary and illegal and the respondents be directed to reckon the petitioners experience all through as obtained working with NRHM and the Panchayat Raj Department for the purpose of grant of bonus marks and also be directed to consider their offline applications for appointment as LDCs in the Zila Parishads where they have applied, pursuant to the advertisement dated 12.2.2013. 4. Mr. Yatharth Gupta appears for Mr. Ganesh Parihar, AAG. 4. Mr. Yatharth Gupta appears for Mr. Ganesh Parihar, AAG. He submitted that the petition is without merit inasmuch as the offline application forms submitted purportedly following the advertisement dated 12.2.2013 in the month of August and September, 2017 are of no worth, inordinately delayed as they are with reference on the last date for submission of application forms as notified i.e. 23.3.2013. Such application forms cannot be considered. Mr. Yathartha Gupta submitted that albeit the petitioners approached this Court in SBCWP No. 14702/2017 titled Ashish Kumar Sharma & Others (supra) and SBCWP No. 13736/2017 (supra), final orders therein did not empower the petitioners to submit offline application forms pursuant to the advertisement dated 12.2.2013 four years subsequent to the last date therefor i.e. 23.3.2013. He further submitted that in fact the Court deciding SBCWP No. 14702/2017 and SBCWP No. 13736/2017 was not even made aware of the last date for submission of application forms under the advertisement dated 12.2.2013 i.e. 23.3.2013. Counsel submitted that in the circumstances the issue agitated as to the purported right of the petitioner to bonus marks based on their experience for ascertaining their merit for appointment as LDCs with the Zila Parishads pursuant to the advertisement dated 12.2.2013 is a non-sequitur. 5. Heard. Considered. 6. I am of the considered view that this petition deserves to be dismissed on the sole ground that the offline application forms for appointment to the post of LDC pursuant to the advertisement dated 12.2.2013 were submitted only in the months of August and September, 2017 when as per the terms of the advertisement they were to be submitted online on or before 23.3.2013. The judgment of this Court in the case of Ashish Kumar Sharma & Others (supra) and Shashi Prakash Sharma & Others (supra) does not in any manner entail conferring a right on the petitioners to submit their application forms four years subsequent to the last date notified under the advertisement dated 12.2.2013 for submitting such online applications. The recruitment process to be transparent and certain has to be undertaken in terms of the specific conditions of the advertisement therefor. 7. In the circumstances, this Court finds that the petitioners having filed offline applications forms pursuant to the advertisement dated 12.2.2013 for the post of LDC, belatedly after over a four years of the last date thereto are not entitled to consideration. 7. In the circumstances, this Court finds that the petitioners having filed offline applications forms pursuant to the advertisement dated 12.2.2013 for the post of LDC, belatedly after over a four years of the last date thereto are not entitled to consideration. In this view of the matter, the issue of bonus marks to the petitioners on basis of their experience for determining their merit for appointment to the post of LDC is quite redundant. 8. I find no force in the petition. Dismissed.