Manohar Singh vs State of Rajasthan and Another

Heard the learned counsel for appellant. This intra-Court appeal is directed against the order of Single Bench dated 10.04.2013, whereby the writ petition filed by petitioner/appellant, has been dismissed.

Briefly stated, the facts of the case, are that petitioner applied for the post of Junior Clerk, in pursuance of the advertisement dated 17.05.2011, issued by the Rajasthan Public Service Commission, Ajmer. He produced the document Annexure-6 issued by the Bhartiya Shiksha Parishad Uttar Pradesh, which is, admittedly, not a recognized institution and on that basis, the candidature of petitioner was rejected.

Submission of the learned counsel for appellant before the Single Bench was that petitioner/appellant had also obtained qualification from CMJ University, Meghalaya, but the same could not be mentioned in the application form bonafidely, therefore, the matter should be considered. The learned Single Judge negatived the submission on the ground that admittedly, the said qualification was not mentioned in the application form by the petitioner, therefore, the same cannot be considered. The learned Single Judge also observed that if such practice is allowed, then RPSC would not be in a position to finalize the merit list because every candidate would pray for similar benefit after rejection of his candidature.

We have again considered the submissions of the learned counsel for appellant, thoroughly, in the light of reasons assigned by the learned Single Judge for rejecting the writ petition. In our view, the learned Single Judge was absolutely right in rejecting the writ petition of petitioner.

Thus, We find no merit in this intra-Court appeal and the same is, accordingly, dismissed in limine. Stay Application No. 7446/2013 also stands dismissed.