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2022 DIGILAW 1969 (RAJ)

Ram Kumar v. State Of Rajasthan

2022-07-07

ARUN BHANSALI

body2022
JUDGMENT 1. This writ petition has been filed by the petitioner aggrieved against rejection of his candidature as Ex-Servicemen for recruitment on the post of Teacher Grade-III Level-1 pursuant to notification dated 31.12.2021. 2. It is, inter-alia, indicated in the writ petition that the petitioner, an Ex-Serviceman, who was retired w.e.f. 28.02.2019 (Annex.1), after retiring from the services applied for the post of Constable pursuant to the Recruitment-2019, wherein the petitioner was selected and accorded appointment by order dated 08.06.2021 and he joined on the same date. 3. Whereafter, advertisement dated 31.12.2021 (Annex.6) was issued by the respondents for the post of Teacher Grade-III Level- 1, wherein the petitioner participated in the recruitment as Ex- Servicemen and in the category of Ex-Servicemen, he obtained marks more than the cutoff meant for the said category and was called for document verification, however, after document verification, by order (Annex.9), the District Education Office rejected petitioner's candidature with the following observations: Remark: vH;FkhZ us HkwriwoZ lSfud ds :i esa vkosnu fd;k fdUrq HkwriwoZ lSfud ds :i esa vU; jktdh; lsok ds in ij dk;Zjr gS bl dkj.k HkwriwoZ lSfud ds :i esa vik=A lkekU; vH;FkhZ ds :i esa dalhMj ;ksX; gSA 4. Learned counsel for the petitioner made submissions that rejection of petitioner's candidature for the reason indicated that as the petitioner had already obtained employment/benefit as an Ex-Serviceman, he is not entitled for the said benefit second time, is contrary to the applicable notification dated 22.12.2020 (Annex.13), which inter-alia provides that if an Ex-Serviceman had applied for various posts before joining any employment under the Government of Rajasthan and gave self-declaration to the concerned employer about the pending application(s), the restriction as imposed for second benefit, would not come in the way of the candidate. The petitioner while joining pursuant to the order of appointment dated 08.06.2021 (Annex.14) had clearly indicated that the petitioner has applied for Rajasthan Eligibility Examination for Teachers ('REET') and, therefore, the action of the respondents in rejecting petitioner's candidature is contrary to the express provision. 5. The petitioner while joining pursuant to the order of appointment dated 08.06.2021 (Annex.14) had clearly indicated that the petitioner has applied for Rajasthan Eligibility Examination for Teachers ('REET') and, therefore, the action of the respondents in rejecting petitioner's candidature is contrary to the express provision. 5. Submissions have been made that a bare look at the advertisement issued by the respondents for recruitment to the post of Teacher Grade-III Level-1 dated 31.12.2021 (Annex.6) would reveal that the employment was to be accorded based on the marks obtained at the REET-2021 only and as the petitioner had already intimated about the intention to appear for REET- 2021, at the time of entering the services, the action of the respondents in this regard cannot be sustained. 6. A response to the writ petition has been filed, inter-alia, indicating that the claim made by the petitioner based on proviso to Rule 2 (2A) of the Rajasthan Civil Services (Absorption of Ex- Servicemen) Rules, 1988 ('Rules'), has no basis. Submissions have been made that the requirement of the proviso is that Ex- Servicemen should have applied for the post before joining of the employment. The petitioner was accorded appointment on 08.06.2021 and the advertisement in question was issued on 31.12.2021 and, therefore, there was no reason for the petitioner to have sought permission in this regard. Further submissions have been made that insofar as having sought permission about REET is concerned, the said intimation would not enure in terms of proviso, as the REET is only eligibility test and not an application for employment and, therefore, rejection of petitioner's candidature by the respondents cannot be faulted. The petition, therefore, deserves dismissal. 7. I have considered the submissions made by the counsel for the parties and have perused the material available on record. 8. The provisions relevant for consideration of the issue raised by the petitioner inter-alia reads as under: "(2A) Once an ex-serviceman has joined service on the post under the Government of Rajasthan after availing of the benefit of reservation, his ex-serviceman status for the purpose of re-employment in Government of Rajasthan would cease. 8. The provisions relevant for consideration of the issue raised by the petitioner inter-alia reads as under: "(2A) Once an ex-serviceman has joined service on the post under the Government of Rajasthan after availing of the benefit of reservation, his ex-serviceman status for the purpose of re-employment in Government of Rajasthan would cease. After joining the employment under the Government of Rajasthan the person would be deemed to be a civil employee: xxx Provided further that in case an ex-servicemen applies for various posts before joining any employment under the Government of Rajasthan and give self- declaration/undertaking to concerned employer about the date-wise details of application for various posts for which he/she had applied for before the joining the initial post under the Government of Rajasthan, shall not be debarred from the benefit of ex-servicemen category for appointment on such posts." 9. A bare reading of the above provision reveals that the Rules provide that an Ex-Serviceman who has joined service on the post under the Government of Rajasthan after availing of the benefit of reservation, his status as 'Ex-Serviceman' would cease for the purpose of reemployment in Government of Rajasthan. However, the proviso indicates that if the Ex-Serviceman had applied for various posts before joining any employment under the Government of Rajasthan and gave self-declaration/undertaking about the details of the application/s for various posts, for which he has applied before joining the initial post, he shall not be debarred from getting the benefit as Ex-Servicemen. 10. In the present case, the petitioner was accorded appointment and he joined the post of Constable pursuant to Recruitment-2019 on 08.06.2021. Vide Annex.14, the petitioner gave an affidavit to the employer, inter-alia, indicating six recruitment/s for which he has applied prior to joining on 09.06.2021, which inter-alia included 'REET', where he claimed to have applied on 01.04.2021. 11. As noticed herein before, the requirement of the proviso essentially is that the candidate should have applied for various posts before joining and is required to submit details of application for various posts, for which he has applied. As to whether the fact of the petitioner filling application for REET, would fall within the said proviso, needs to be examined. 12. As to whether the fact of the petitioner filling application for REET, would fall within the said proviso, needs to be examined. 12. The requirement of having cleared REET is part of eligibility as indicated under the relevant Rules i.e. Rajasthan Panchayati Raj Rules, 1996 which inter-alia require the candidates to have passed REET besides the educational qualification as indicated therein. The 'eligibility examination for the post of Teacher (REET)' as the name itself suggest is eligibility test and apparently, the requirement of the proviso is 'application for post'; having applied for REET, the petitioner would not fall within the said requirement. 13. The submission made by the counsel for the petitioner that as the advertisement dated 31.12.2021 makes those who have passed REET-2021 examination only as eligible for applying for the post under the advertisement, the said eligibility examination has to be taken as part of the recruitment process itself and it would be deemed that by applying for appearing in REET prior to the date of appointment, the petitioner had applied for the post of Teacher Grade-III Level-1, cannot be accepted. 14. The mere fact that the advertisement dated 31.12.2021 for the post of Teacher Grade-III Level-1 provided eligibility as having passed REET-2021 and have accorded appointments based on the marks obtained in REET only, by itself cannot change the nature of the examination as well as the requirement of the proviso, which both are very clear and specific i.e. the REET examination only provides for eligibility and the proviso requires the 'application for the post'. 15. In that view of the matter, the plea sought to be raised by the petitioner regarding falling under the proviso, cannot be accepted, inasmuch as the petitioner had already got appointment as Constable on 08.06.2021, as such he was not entitled for the benefit as an Ex-Serviceman. Therefore, the rejection of petitioner's candidature as Ex-Serviceman cannot be faulted. 16. Consequently, there is no substance in the writ petition, the same is therefore, dismissed.