Hemendra Parashar and Others vs Rajasthan Public Service Commission

Ajay Rastogi, J.—One of the contentions advanced by counsel is that in the selection process conducted by the Respondents for the post of Nursing Tutor, it was one of the conditions that the applicant must hold three years'' experience after acquiring the minimum qualification but, according to him some of the applicants, who did not held three years of experience after acquiring the qualification, have been finally selected for the post of Nursing Tutor.

Counsel submits that a representation was made to the Rajasthan Public Service Commission and an application was also submitted to obtain the document under Right to Information Act but the same has not been made available to the Petitioners.

However, in the instant petition, in Para 9, names of certain applicants with their roll numbers, have been mentioned to justify that despite they are not holding the pre-requisite condition of three years experience after acquiring the requisite qualification, have been finally selected. Counsel further submits that in addition to the names, referred to above, there are certain other applicants who too have been selected pursuant to the advertisement issued by the Rajasthan Public Service Commission despite who are not possessing the minimum qualification to hold the post of Nursing Tutor.

The representation made by the Petitioners to the Rajasthan Public Service Commission is completely vague and evasive but in the writ petition the Petitioners have given names of certain applications & their roll numbers which is required to be looked into by the Rajasthan Public Service Commission as to whether the applicants, referred to are eligible to hold the post of Nursing Tutor & selected pursuant to the advertisement issued by the Rajasthan Public Service Commission.

Without going into merits of the matter any further, this Court considers it appropriate that if a representation is made by the Petitioners specifying names of the applicants, who are not holding minimum qualification in terms of the advertisement referred to in regard to the post of Nursing Tutor, the Rajasthan Public Service Commission may look into the same and pass speaking order assigning reasons in accordance with law within fifteen days of the representation being served. If the Petitioners still find aggrieved by the decision being communicated, will be at liberty to avail remedy available under the law.

With these directions/observations, the writ petition stands disposed of.