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Rajasthan High Court · body

2023 DIGILAW 1365 (RAJ)

Lokesh Kumar Yadav S/o Shri Ghyanshaym Lal Yadav v. Rajasthan Staff Selection Board, (RSSB)

2023-07-13

SUDESH BANSAL

body2023
JUDGMENT : 1. By way of instant writ petition filed under Article 226 of the Constitution of India, petitioner is seeking direction against respondents more particularly against the respondent No.1 and 2 to consider his candidature for appointment on the post of Junior Engineer (Civil) in Public Works Department in respect of Junior Engineer Joint Direct Recruitment Examination-2020 and to grant appointment on the said post from the date, when lesser meritorious candidates than the petitioner have been appointed. 2. Heard counsel for both parties and perused the material available on record. 3. It is not in dispute that pursuant to advertisement dated 03.03.2020, issued by the Rajasthan Staff Selection Board, the petitioner participated in the examination for the post of Junior Engineer, conducted on 12.09.2021. Petitioner belongs to SC category and has scored 101.14 marks. The last cut-off marks for SC category is 99.86 marks in the final result/merit list issued on 01.02.2022. Although, the petitioner scored higher marks than the last cut-off marks in SC category, however, he was not selected. Hence, the instant writ petition has been filed on 04.02.2022. 4. According to respondent- RSSB, as per reply that since on the date of examination i.e. 12.09.2021, the petitioner could not qualify the degree of Bachelor of Technology (Civil Engineering), (four years degree program) from the Rajasthan Technical University, Kota, but his result of B.Tech degree was declared subsequently on 07.12.2021. Therefore, in view of the note of the advertisement dated 03.03.2020 itself, the candidature of petitioner was not considered on merits for appointment. It is apposite to refer the note appended to advertisement dated 03.03.2020 which reads as under:- ^^dfu"V vfHk;ark HkrhZ es ,sls vfHk;kFkhZ Hkh vkosnu dj ldrs gS tks dfu"V vfHk;ark HkrhZ gsrq fu/kkZfjr 'kS{kf.kd ;ksX;rk ds vafre o"kZ es lfEefyr gksus okys gS ;k lfEefyr gks jgs gS ijarq mUgs dfu”B vafHk;ark HkrhZ ds fy, fu/kkZfjr 'kS{kf.kd ;ksX;rk dfu"B vfHk;ark HkrhZ dh ijh{kk frfFk ls iwoZ vftZr djuh vfuok;Z gksxhA vU;Fkk dfu"B vfHk;ark HkrhZ ijh{kk ds ckn 'kS{kf.kd ;ksX;rk vftZr djus okys vfHk;fFkZ;ks dks bl HkrhZ gsrq ik= ugha eu tk,xkA^^ 5. From the side of petitioner, it has been contended that the result of B.Tech degree course, last semester i.e. VIII semester of petitioner had been declared on 31.05.2019 (Ann-8), however, two papers of I semester were remained due and examination for clearing due papers was not conducted by the University due to prevailing pandemic Covid-19 at the relevant point of time. Therefore, the Rajasthan Technical University, Kota by issuing circular dated 04.08.2021 (Ann-6) took a decision to promote students of University, of whom due papers could not be conducted due to Covid-19. Thus, it has been submitted that in view of circular dated 04.08.2021, due papers of I semester of petitioner have been cleared and petitioner has acquired the qualification of B.Tech. Degree w.e.f. 04.08.2021. Although, the consolidated result of the B.Tech. Degree of petitioner was declared by the University on 30.10.2021 and the mark-sheet was issued on 07.12.2021 (Ann-9). 6. In view of above contentions, the issue arises for consideration by this Court in the present matter is whether the petitioner can be held as qualified to B.Tech. Degree course of Civil Engineering, on 12.09.2021 i.e. on the date of examination of present recruitment of Junior Engineer (Civil), though his marksheet was issued subsequently? 7. Having considered rival contentions of learned counsel both the parties and as per material available on record, it has not been disputed that the result of final semester of B.Tech. Degree of petitioner had already been declared on 31.05.2019, i.e. much prior to issuance of the advertisement for the present recruitment dated 03.03.2020. As far as two due papers of petitioner in respect of Ist semester is concerned, the University has issued circular dated 04.08.2021 (Ann-6) taking decision to deem clear the due papers, on account of not being able to hold examination for the due papers, due to the prevailing circumstances of pandemic Covid-19. The issuance of circular dated 04.08.2021 by the University has not been disputed by respondents. Thus, on facts of the present case, it is apparent that two due papers of petitioner of Ist semester of B.Tech Degree became cleared by virtue of issuing circular dated 04.08.2021 w.e.f. 04.08.2021 itself. Thus, on that day i.e. 04.08.2021, the petitioner be treated as became qualified of B.Tech (Civil Engineering). Thus, on facts of the present case, it is apparent that two due papers of petitioner of Ist semester of B.Tech Degree became cleared by virtue of issuing circular dated 04.08.2021 w.e.f. 04.08.2021 itself. Thus, on that day i.e. 04.08.2021, the petitioner be treated as became qualified of B.Tech (Civil Engineering). Merely, the consolidated result of petitioner for his technical degree was declared on 30.10.2021 and the mark-sheet was issued on 07.12.2021 which is subsequent to the date of recruitment examination i.e. 12.09.2021 is not to be much significance on the facts of present case because, as has already been observed that it is a case where petitioner came to acquire qualification of B.Tech Degree w.e.f. 04.08.2021 itself. Therefore, mere issuance of marksheet by the University subsequently on 07.12.2021 would not amount to deference of qualification of petitioner from that date. 8. For discussion made hereinabove, it stands clear that on the date of recruitment examination of J.En. i.e. 12.09.2021, the petitioner completed qualification of B.Tech Degree, hence, the petitioner fulfills the requisite criteria as prescribed in the advertisement. 9. It has not been disputed from the side of respondent that petitioner is a candidate of SC category and scored 101.14 marks and the last cut-off in SC category is 99.86 marks as per final merit list dated 01.02.2022, therefore, obviously the petitioner stands higher in merit and since petitioner filed instant writ petition on 04.02.2022 i.e. immediately after three days from declaration of result, therefore, candidature of petitioner deserves to be considered on merits for appointment in the present recruitment for the post of Junior Engineer (Civil). 10. As a result, instant writ petition succeeds and respondent- RSSB is directed to consider candidature of the petitioner on merits, and, to recommend his name for appointment on the post of Junior Engineer (Civil) subject to document verification. Accordingly, the respondent No.2 shall accord appointment to the petitioner, forthwith. The exercise is expected to be completed expeditiously preferably within a period three months. 11. In facts and circumstances, petitioner would be entitled for all notional benefits of seniority, increment etc. from the date of appointment given to less meritorious persons to the petitioner in the present recruitment. However, the actual and monetary benefits would be payable from the date of issuance of appointment order/joining. 12. Stay application and other pending application(s), if any, stand disposed of.