[2025:RJ-JP:12190] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10440/2014 1. Jitendra Singh Choudhary S/o Shri Dhanna Ram Choudhary, Village Geelon Ki Dhani Via Kaushyam Ji Tehsil Dantaramgarh Sikar 2. Manoj Jakhar S/o Shri Cheetarmal Jakhar, Village Likhmaka Baas Via Baya, Tehsil Dantaramgarh, District Sikar ----Petitioners Versus 1. Union Of India Through Secretary, Ministry Of Home Affairs, Government Of India, New Delhi 2. Staff Service Selection Commission, Block No12, Cgo Complex, Lodhi Road, New Delhi Through Its Director 3. Regional Director South Region, Department Of Personnel And Training, Staff Service Selection, Southern Region 2Nd Floor, Evk Sampath Building College Road, Chennai 4. Regional Director North Region, Staff Service Selection, Block No12, Cgo Complex, Lodhi Road, New Delhi ----Respondents For Petitioner(s) : Mr. Hem Singh Rathore, Adv. For Respondent(s) : Mr. Samaksh Dasodh with Mr. Chinmay Sharma, for Mr. R.D. Rastogi, ASG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 18/03/2025 1. The present petition is filed in assailing the deprivation of the petitioners from appointment for change of State Code while preparing the merit list, contrary to which the respondents have considered the lesser in merit candidates. [2025:RJ-JP:12190] (2 of 3) [CW-10440/2014] 2. Learned counsel for the petitioner has submitted that the petitioners in pursuance to the advertisement dated 15.12.2012 issued by the respondents inviting applications for the post of Constable (GD) in CAPFs, submitted their application forms and appeared in the selection process thereto. It is further submitted that the petitioners are domicile of the state of Rajasthan and have applied for the said post under the OBC category. It is further submitted that the petitioners whilst seeking appointment have filled State Code as 02 – State of Andhra Pradesh. 3. Further, it is submitted that the petitioners have appeared in the Physical Efficiency test and written examination, wherein petitioners have secured 58% and 50% respectively. Additionally, it is submitted that during medical examination also petitioners were declared fit by the Medical Board. Furthermore, it is submitted that on account of assessing wrong code of State at the time of preparation of final list, respondents have ousted the candidature of the petitioners from the selection process. 4. Lastly, it is submitted that despite the categorical directions by the Court in the first round of litigation, respondents have not addressed the grievances of the petitioner. Therefore, the petitioners have knocked the doors of this Court again. 5. Per contra, learned counsel for the respondents has submitted that even momentarily for the sake of arguments, it is assumed that the candidature of the petitioners are to be considered for the State of Rajasthan, then also the percentage cut-off which are obtained by the petitioners are less than the cut- off under the ‘OBC category’. It is further submitted that the matter pertains to the Year 2012 and no seat is lying vacant [2025:RJ-JP:12190] (3 of 3) [CW-10440/2014] moreover, further selection process has taken place. Therefore, in absence of any interim order, no consideration should be given by the Court. 6. Heard and considered. 8. Considering the arguments advanced by the learned counsel for the parties, upon a perusal of the records, taking note of the fact that matter pertains to the Year 2012; that as on date no seats are lying vacant qua the said post, that fresh selection process is carried out after the impugned selection process, this Court is not inclined to interfere in the present petition. 9. Accordingly, the present petition is dismissed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J CHANDAN /69