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Judgment
The instant special appeal has been filed by the appellants
under Rule 134 of the Rajasthan High Court Rules read with Article
225 of the Constitution of India against the order dated 1.6.2017
passed by the learned Single Judge in SBCWP No.6619/2017
(Sukhdev Ram & Anr. Vs. State of Rajasthan & Ors.), whereby the
learned Single Judge while deciding the bunch of writ petitions
granted an opportunity to the petitioners to file representation
before the committee.
Obviously, the learned Single Judge decided the writ petition
while following the directions issued by the Jaipur Bench of this
Court in identical writ petition being SBCWP No.1032/2017 (Sunita
Sharma Vs. State of Rajasthan & Ors), decided on 24.5.2017 in
which following directions were issued, which reads as under:-
"(a). That the State Government shall issue a circular regarding constitution of the committee within one week from the date of receipt of certified copy of this order.
(b). That from the date of selection of the candidate or within fifteen days from constitution of the committee, whichever is later, any candidate who had participated in the interview, is having grievance and is dissatisfied, may file a representation before the committee.
(c). That the said committee after looking into the record, shall decide the representation by passing a detailed reasoned speaking order.
(d). That copy of the order to be passed upon the representation shall be sent to the candidate through registered post.
(e). That if the candidate who has filed representation, is still aggrieved of the decision, he or she may, within one month from the date of receipt of registered post, take recourse to lawful remedy available to him/her in accordance with provisions of law.
(f). That for putting the candidates to notice who had participated in the selection process, this order and the circular so issued by the State Government shall be uploaded on the official website of the Rural Development & Panchayati Raj Department and the Education Department (Elementary)."
In the judgment impugned the learned Single Judge
observed that the issue involved in those writ petitions is identical
to the aforesaid writ petition and disposed of the writ petition
while granting an opportunity to the petitioners to file
representations and raise their grievance before the committee
and further passed an order that committee shall thereafter look
into the same and pass appropriate order upon their
representation in accordance with law.
In our opinion, there is no error in the judgment impugned
passed by the learned Single Judge so as to interfere in this
special appeal because liberty to raise their grounds before the
committee for their grievance has already been granted.
In view of the above, the instant special appeal is hereby
dismissed.
