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2019 DIGILAW 168 (RAJ)

Pratap Singh v. State of Rajasthan

2019-01-14

ARUN BHANSALI

body2019
JUDGMENT 1. This writ petition has been filed by the petitioner aggrieved against non-inclusion of petitioners name in the list of candidates eligible for PST/PET. 2. It is inter alia indicated in the writ petition that pursuant to the advertisement dated 25.5.2018 (Annex.1), the petitioner appeared for the post of Constable (General) Non-TSP, district Bikaner. 3. The result of the written examination was declared, wherein, the name of the petitioner did not appear in the list of successful candidates, who were called for second stage i.e. PST/PET. However, in the cut-off, which was issued by the respondents for district Bikaner, the cut-off for general candidates was 30.875 and in the mark-sheet, which was uploaded regarding petitioners performance in the written examination as Annex.5, the petitioner had obtained 53.25 marks, based on which, the present writ petition was filed by the petitioner questioning his exclusion from the list of candidates who were called for PST/PET. 4. During course of submissions, when it was not disputed that the petitioner had obtained higher marks than the cut-off, by order dated 13.12.2018, the respondents were directed to permit the petitioner to participate in the PST on 15.12.2018 and in case, he clears the PST, then he be permitted to appear in the PET scheduled to be held on 15.12.2018 at Rajasthan Police Training Center, Mandore Road, Jodhpur and it was directed that the result of the petitioner be kept in a sealed cover. 5. Thereafter, in terms of the order dated 7.1.2019, the result of the petitioner has been produced in a sealed cover, which has been opened in the Court, which indicates that the petitioner has cleared the PST and thereafter, he was permitted to participate in PET, he has been clocked 24 minutes & 7 seconds and as such has qualified the PET. 6. Based on the said performance of the petitioner and the fact that he has qualified the PST/PET and that he has obtained higher marks than the cut-off, the petitioner is entitled to grant of appointment on the post of Constable (General) Non-TSP. 7. Consequently, the writ petition filed by the petitioner is allowed. 6. Based on the said performance of the petitioner and the fact that he has qualified the PST/PET and that he has obtained higher marks than the cut-off, the petitioner is entitled to grant of appointment on the post of Constable (General) Non-TSP. 7. Consequently, the writ petition filed by the petitioner is allowed. The respondents are directed to accord appointment to the petitioner as per his performance in the written examination & PST/PET, based on his merit from the date persons lower in merit to the petitioner were accorded appointment by the respondents pursuant to the recruitment held, based on the advertisement dated 25.5.2018, if the petitioner is found otherwise eligible for such appointment, with all consequential benefits. However, the petitioner would be entitled to monetary benefits from the date of appointment. 8. Needful may be done by the respondents within a period of four weeks from today. The result of the petitioner as produced and opened in the Court is returned back to learned AAG.