Karnail Singh vs State Of Rajasthan And Others

Arun Bhansali, J

This writ petition has been filed by the petitioner seeking a direction to the respondents to consider his candidate on the post of Teacher Grade-III Level-2 pursuant to advertisement dated 16.12.2022 (Annex.P/1) in his category as Scheduled Caste (‘SC’).

Submissions have been made that the petitioner applied for the post by indicating his category as SC and also sought benefit of horizontal reservation meant for Outstanding Sports Persons. The petitioner obtained 207.5031 marks vide Annex.P/6 and the cutoff in SC General Category was 193.9795 and in Outstanding Sports Persons was 164.9329. After document verification, objections were indicated pertaining to petitioner’s candidature as Outstanding Sports Person. The petitioner claims to have satisfied all the objections as raised by the Board, however, in the list of the selected candidates, the name of the petitioner has not appeared.

Counsel for the respondents made submissions that the candidature of the petitioner is still under consideration and has not been rejected so far.

Counsel for the petitioner emphasized that irrespective of the deficiencies pointed out qua the petitioner’s candidature as Outstanding Sports Person, as the petitioner has obtained marks higher than the cutoff meant for his category i.e. SC, the respondents couldn’t have kept the candidature of the petitioner pending.

I have considered the submissions made by counsel for the parties and have perused the material available on record.

As noticed hereinbefore, the petitioner has obtained higher marks than the cutoff meant, for both SC and Outstanding Sports Person category. The objections which have been raised qua the candidature of the petitioner only pertains to his candidature as Outstanding Sports Person. Even if the objections qua the objections qua the petitioner’s candidature as Outstanding Sports Person are not taken as rectified, the candidature of the petitioner as SC also has to be considered by the respondents and only based on the candidature as Outstanding Sports Person, the petitioner cannot be dealt with by the respondents.

Consequently, the writ petition filed by the petitioner is disposed of. The respondents are directed to process the candidature of the petitioner alternatively, in his category as SC as well. Needful may be done within a period of six weeks from today.