[2025:RJ-JP:21072] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13239/2017 Manjeet Choudhary S/o Budhram Choudhary, aged about 30 years, R/o Village Kankra Barrod, Post Barrod, Tehsil Behror, District Alwar (Roll No. 70011787438) ----Petitioner Versus 1. The Staff Selection Commission (SSC), Block No. 12, CGO Complex, Lodhi Road, New Delhi, through its Under Secretary 2. The Regional Director (WR) Staff Selection Commission, Pratistha Bhavan (Old CGO Building) 101, M.K. Road, Mumbai 400020 ----Respondents For Petitioner(s) : Mr. Narpat Singh Shekhawat For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 19/05/2025 1. The writ petition has been listed in the ‘Orders’ category, however, with the consent of counsel for petitioner, the writ petition has been heard finally on merits at this stage. 2. Matter pertains to the Recruitment of Constable GD in CAPFS and Rifleman (GD) in Assam Rifles, 2013. 3. This is an admitted fact that in the previous writ petition filed by the petitioner, his candidature was directed to be considered on merits in the State of Rajasthan since, indisputably, petitioner is domicile of the State of Rajasthan. In pursuance thereof, vide impugned order dated 18.04.2017, candidature of petitioner has been considered on merits and has been rejected for the reason [2025:RJ-JP:21072] (2 of 3) [CW-13239/2017] that petitioner scored only 52 marks whereas the last selected candidate in the State of Rajasthan scored 77 marks. Thus, petitioner was found less meritorious. 4. Thereafter, petitioner preferred instant civil writ petition on 02.08.2017, to consider his candidature for the State of Gujarat. 5. In the advertisement for such recruitment, the Condition No. 4(c) has been stipulated, which reads as under:- “Candidates belonging to the State/ UT will only be considered for recruitment in their respective State/UT on production of valid “Domicile Certificate” issued by the competent authority so authorized by the concerned State/UT to prove their domiciliary status. Since the State of Assam is not issuing Domicile Certificate/ PRC, candidates belonging to the State of Assam are not required to submit the same. However, their selection will subject to verification of residential status from the concerned District Authorities. West Pakistani refugees who have settled in J&K but have not been given the status of J&K citizen of the State will be recruited without the condition of having a domicile certificate from the designated authorities of the J&K State.” 6. Since, indisputably, petitioner is domicile of State of Rajasthan and in the previous writ petition, he never challenged Condition No. 4(c) referred hereinabove and prayed to consider his candidature in the State of Rajasthan, which has been considered on merits. Hence, petitioner is estopped to challenge the Condition No. 4(c) of the advertisement and to change his stand for consideration of candidature in the State of Gujarat. The writ petition is highly misconceived and same deserves to be dismissed with cost. 7. However, counsel for petitioner, taking into consideration the plight of petitioner that he is employed, prays not to impose the cost. [2025:RJ-JP:21072] (3 of 3) [CW-13239/2017] 8. Prayer is accepted. 9. As a result, the writ petition is dismissed. 10. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /39