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2025 DAILYLAW 19105 (RAJ)

RITA D/O RAM NIWAS v. UNION OF INDIA

CW/8099/2022 · 2025-03-24

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:13286] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8099/2022 1. Rita D/o Ram Niwas, Aged About 25 Years, R/o B-6/3, Naps Township Narora, District Bulandshahar Up 2. Smt. Ruby Kumari D/o Late Subhash Ram, W/o Bhawani Ram, Aged About 29 Years, R/o Type C 15/6, Taps 3 And 4 Colony, Post Office Tapp, Boisar District Balghar, Maharashtra ----Petitioners Versus 1. Union Of India, Through Secretary, Ministry Of Human Resources Government Of India, New Delhi 2. Nuclear Power Corporation Of India Limited, Rawat Bhata Rajasthan Site, Anushaktivia Kota Rajasthan Through Its Deputy Manager (HRM) ----Respondents For Petitioner(s) : Mr. Mahendra Sharma For Respondent(s) : Mr. Dharmendra Jain HON'BLE MR. JUSTICE SAMEER JAIN Judgment 24/03/2025 The present petition is filed assailing the appointment procedure for the post of Stipendiary Trainee/Scientific Assistant (ST/SA)- Science Graduates. Learned counsel for the petitioner has submitted that in pursuance to advertisement No. 1/2020, the petitioner has applied for the post of Stipendiary Trainee/Scientific Assistant (ST/SA). It is further submitted that for the said post, respondents rejected the candidature of the petitioner for the reason that petitioner has not qualified the essential physical standard. Further, it is submitted that fixing different physical standard for different posts is arbitrary. In support of the said contention reference is made to the terms and conditions of the advertisement, wherein, at page 21 Column No. 2, 9, 10 and 11 [2025:RJ-JP:13286] (2 of 2) [CW-8099/2022] respectively, minimum physical standard qua height and weight for the candidates is specified. Qua the post of Stipendiary Trainee/Scientific Assistant (ST/SA)- Science Graduates the physical standard qua height is specified as 160 cms, whereas for the post of Stipendiary Trainee/Scientific Assistant (ST/SA)- Diploma Holders in Engineering no criteria qua essential physical standard is specified. Per contra, learned counsel for the respondents has raised preliminary objection qua the maintainability of the present petition and has submitted that qua the post in question recruitment process is concluded and no interim order is operational qua the petitioner for keeping one seat reserved. It is further submitted that the conditions of the advertisement are challenged at a belated stage, as advertisement pertains to the Year 2020 and the present petition is filed in the Year 2022. Heard and considered. Considering the arguments by the learned counsel for the parties, upon perusal of the records, relying upon the principle of acquiescence, taking note of the fact that as on date, no seats are lying vacant and selection process is concluded; that candidature of petitioner was rejected for not fulfilling the requisites of the advertisement, this Court is of the opinion that no intervention is required in the present petition. Accordingly, the present petition is dismissed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J Pooja /26