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DAVENDRA CHITARA versus STATE & ORS

High Court of Rajasthan

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DAVENDRA CHITARA v STATE & ORS - CW Case No. 1998 of 2002 [2005] RD-RJ 929 (28 April 2005)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

ORDER

Devendra Chitara v. State of Rajasthan & Ors.

S.B.CIVIL WRIT PETITION NO.1998/2002 under Articles 226 and 227 of the

Constitution of India. 28th April, 2005

Date of Order :

PRESENT

HON'BLE MR.JUSTICE GOVIND MATHUR

Mr. R.S.Saluja, for the petitioner.

Mr. R.K.Singhal, for the respondents.

BY THE COURT :

Respondent Rajasthan Rajya Vidhyut Prasaran

Nigam Limited by an advertisement published on 2.1.2002 invited applications from eligible candidates for the purpose of recruitment to the post of

Jr.Engineer-II (C) Electrical. The petitioner who possessed a diploma in Engineering (Electrical) being eligible to be appointed as Jr.Engineer-II (C)

Electrical submitted an application in pursuance to the advertisement referred above.

A select list of successful candidate was declared by Rajasthan Rajya Vidhyut Prasaran Nigam

Limited and was placed on its website i.e. http://www.rajenergy.com. The list placed on website was consisting of 136 persons, however, name of the petitioner was not shown therein. Meaning thereby, he was not found to be selected to face interview sought to be conducted for appointment to the post of

Jr.Engineer-II (C) Electrical.

Being aggrieved by the same present petition has been filed by the petitioner with an allegation that the respondents after initiating selection proceedings changed the criteria for selection which has adversely affected his rights and, therefore, the select list is illegal.

It is contended by the counsel for the petitioner that the respondent Nigam was adhering the criteria for selection as prescribed by the Planning

(Manpower in Gazetteers) Department, Government of

Rajasthan under its circular dated 27.7.1998, but the same was changed at subsequent stage and that too after initiating selection proceedings under advertisement which was published on 2.1.2002.

In reply to the writ petition the respondents have denied the fact that criteria prescribed under the circular dated 27.7.1998 was ever adopted or adhered for making recruitment in

Rajasthan Rajya Vidhyut Prasaran Nigam Limited. The specific stand of the respondent is that the Board of

Directors of the respondent Nigam in its meeting held on 18.2.2002 at Jaipur approved a selection method for making appointments of Jr.Engineers-II (C) Electrical and the same was adhered while preparing impugned select list. The criteria prescribed by the Board of

Directors of the respondent Nigam is also placed on record alongwith reply as Anx.R/2/1.

In view of specific reply given by the respondents to the effect that they never adopted, accepted and adhered the criteria prescribed by the

Planning (Manpower in Gazetteers) Department under circular dated 27.7.1998 but have accepted the criteria prescribed by the Board of Directors on 18.2.2002, the claim of the petitioner looses its foundation. An effort has been made by the counsel for the petitioner to impress that the criteria provided under the circular dated 27.7.1998 was accepted by the

Board in some of the selection proceedings is of no consequence as the same is not at all relevant for the selections in question. In present selection proceedings the only criteria adopted by the respondents for making appointments is that one prescribed by the Board of Directors in its meeting dated 18.2.2002, therefore, claim of the petitioner is totally ill-founded.

No other ground has been urged by the counsel for the petitioner.

In view of whatever stated above, I do not find any merit in the writ petition. The writ petition, therefore, is dismissed.

No order as to costs.

( GOVIND MATHUR ),J. kkm/ps


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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