[2025:RJ-JP:37599] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.7106/2013 Balram Meena S/o Shri Laxmi Narayan Meena, aged about 27 years, R/o Peepalda, Tehsil Bonli, Distt. Sawai Madhopur Raj. ----Petitioner Versus 1. Malaviya National Institute of Technology, Jaipur through its Director, J.L.N. Marg, Jaipur. 2. The Registrar, Malaviya National Institute of Technology, J.L.N. Marg, Jaipur. 3. Secretary, National Institutes pf Technology, Govt. Of India, Ministry of Human Resources Development, Department of Higher Education, New Delhi. ----Respondents For Petitioner(s) : Mr. Hemant Kumar with Mr. Harsh Meena on behalf of Mr. R.D. Meena For Respondent(s) : Mr. Sarthak Rastogi on behalf of Mr. R.D. Rastogi, ASG HON'BLE MR. JUSTICE ANAND SHARMA Order 16/09/2025 1. Petitioner has filed the instant writ petition seeking a declaration that prescribing qualification of possessing first class bachelor degrees even for SC/ST candidates in the recruitment process initiated by respondent-Malaviya National Institute of Technology, Jaipur is illegal & arbitrary and directions be given to relax such qualification by 5% for SC/ST candidates. Further prayed that after relaxing such qualification, necessary directions be also given for consideration of candidature of the petitioner on [2025:RJ-JP:37599] (2 of 3) [CW-7106/2013] the post of Assistant Professor (Metallurgical & Materials Engineering). 2. It is submitted that although UGC guidelines as well as the regulations of NCT provides for relaxation of 5% in the educational qualification for SC/ST, yet such benefit was not given to the petitioner in the impugned process of recruitment, which has not only prejudiced the rights of the petitioner but is also against the reservation policy of the State. 3. Learned counsel for the respondents, at the outset, has objected that the conditions of possessing essential requirement as mentioned in the advertisement (Annexure-1) are based upon Model Recruitment Rules for the Faculties of NITs and such Rules have not been challenged by the petitioner in the instant writ petition. It has also been submitted that despite there being explicit and clear conditions of possessing minimum requirement of having First Class degree, quite consciously and with open eyes the petitioner participated in the process and after participation, the instant writ petition has been filed. Hence, the petitioner has waived and acquiesced his rights to challenge the conditions of the advertisement. 4. Learned counsel for the respondents has also informed the Court that the impugned advertisement was issued for the recruitment process in the year 2013 and all the vacancies pursuant to aforesaid advertisement have been filled up. There was no interim order in favour of the petitioner in the instant writ petition. Hence, no relief as prayed in the writ petition can be granted. 5. Heard and considered. [2025:RJ-JP:37599] (3 of 3) [CW-7106/2013] 6. It has not been disputed by the learned counsel for the petitioner that that impugned conditions in the advertisement are based upon the recruitment Rules, yet no justification has been given for not challenging the Rules. It is a settled proposition of law that an advertisement which is in consonance with the recruitment Rules and where the Rules have not been challenged, no interference can be made in writ petition under Article 226 of the Constitution of India. Even otherwise, at this stage when pursuant to recruitment process of the year 2013, all the vacancies have been filled up by the respondents, no interference can be made. Hence, the writ petition filed by the petitioner, is hereby, dismissed. (ANAND SHARMA),J DAKSH/36