Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 555 (RAJ)

Bhupendra Singh Garasiya v. State of Rajasthan, Thr. The Secretary, Education Department

2019-02-15

ARUN BHANSALI

body2019
JUDGMENT 1. These writ petitions have been filed by the petitioners aggrieved against the action of the respondents in not according them opportunity to place their claim regarding participation in various sports events, in the online application form. 2. The advertisement dated 04.05.2018 (Annex.-9) was issued for the post of PTI Grade-III. The advertisement indicated parameters for outstanding sports persons as well as marks to be awarded based on the participation of the candidates in various sports meets/having won medal at the sports meet. 3. In the online application form, there was column indicated as Are you outstanding sports persons?, wherein as the petitioners did not fall within the parameters of the outstanding sports persons as indicated in the advertisement, indicated No; whereafter, there was no provision for the petitioners to indicate their participation in the sports meets, based on which, they could have obtained marks meant for the purpose. 4. The respondent-Board published the result after holding the written exam, wherein the names of the petitioners did not appear for documents verification. The petitioners obtained their mark- sheets, wherein qua the marks for sports certificates, zero marks were awarded to the petitioners. 5. It is submitted by learned counsel for the petitioners that there was no column in the online application form, wherein the petitioners could have indicated their participation in various sports meets. It was indicated that the column only pertained to outstanding sports persons, for which, the candidate must have won a medal at the sports meet, however, in the marks to be awarded based on sports certificate as indicated in the advertisement for participation in sports at International Level, National Level and State Level also marks were to be awarded, however, as there was no column in the online application form, where the petitioners, who though did not win a medal, had participated at the tournament, could have indicated such participation, resulting in there being deprived of the marks in this regard. 6. On 13.02.2013, looking to the nature of controversy, learned counsel Mr. Manish Patel was directed to put in appearance on behalf of the respondent-Board to clarify the position. 7. Learned counsel Mr. 6. On 13.02.2013, looking to the nature of controversy, learned counsel Mr. Manish Patel was directed to put in appearance on behalf of the respondent-Board to clarify the position. 7. Learned counsel Mr. Manish Patel made submissions that if the petitioners had indicated Yes qua the column meant for outstanding sports persons, therein there was a column pertaining to the participation as well and as the petitioners have not indicated such participation, they were not awarded the marks. However, it was fairly submitted that as on account of the column, wherein the petitioners could have indicated their participation status was titled as outstanding sports persons, which required winning of medal at sports tournament, but as the recruitment norms provide for awarding of marks for participation also, the respondents have permitted the candidates like petitioners to file offline application forms as well claiming the said status and even if the names and roll numbers of the petitioners had not appeared in the provisional select list dated 05.02.2019, they can produce their offline application form alongwith requisite certificates during the period the other candidates have been called for document verification i.e. till 19.02.2019 and if the petitioners would file such offline application form alongwith requisite certificates, their candidature would be considered by the respondents by awarding them requisite marks based on their sports certificate, if they are entitled to any. 8. In view of the above fact situation, wherein it is apparent that the petitioners were bona fidely mislead by the title of the column pertaining to outstanding sports persons in the online application form and once they had indicated the status as No qua the said outstanding sports persons category, which essentially was meant for those claiming 2% reservation, they could not fill-up the requisite pertaining to their participation and were deprived of awarding of marks based on their qualification/participation in various tournaments, the petitioners cannot be deprived of the award of the marks in this regard. 9. 9. In view of the fact that now counsel appearing for the respondent-Board has categorically made submissions providing for opportunity to the petitioners to fill-up offline application form alongwith requisite documents in continuation of the online application already filed on or before 19.02.2019 with the respondent-Board at Jaipur and that their candidature based on such certificate, based on their eligibility in this regarding, shall be considered by the respondents, the needful be done by the petitioners on or before 19.02.2019 and on petitioners doing the needful, the respondents, as submitted by learned counsel for the respondent-Board, would consider the same appropriately and if the petitioners are found in merit, consequences would follow. 10. With the above directions, the writ petitions filed by the petitioners stand disposed of.