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2025 DAILYLAW 44727 (RAJ)

NARENDRA KUMAR KHICHAR S/O SHRI TILOKA RAM v. STATE OF RAJASTHAN

CW/4556/2023 · 2025-12-17

Ashok Kumar Jain

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Judgment text

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[2025:RJ-JP:51276] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4557/2023 Mahaveer Choudhary S/o Shri Chhitar Mal Jat, Aged About 21 Years, R/o Dhani Jhadalya, Khejroli, Jaipur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary Energy To Government Of Rajasthan, Energy Department, Jaipur. 2. State Of Rajasthan, Through Its Principal Secretary To Government Of Rajasthan, Department Of Personal, Jaipur. 3. State Of Rajasthan, Through Its Chief Personal Officer (Karmik), Jvvnl Vidyut Bhawan, Jaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 4556/2023 Narendra Kumar Khichar S/o Shri Tiloka Ram, Aged About 24 Years, R/o Aspura, Kuchaman City, Nagaur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary Energy To Government Of Rajasthan, Energy Department Jaipur. 2. State Of Rajasthan, Through Its Principal Secretary To Government Of Rajasthan, Department Of Personal, Jaipur. 3. State Of Rajasthan, Through Its Chief Personal Officer (Karmik), Jvvnl Vidyut Bhawan, Jaipur. ----Respondents For Petitioner(s) : Mr. Mahavir Singh Sherawat For Respondent(s) : Mr. Shailesh Prakash Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order [2025:RJ-JP:51276] (2 of 4) [CW-4557/2023] 17/12/2025 1. S.B. Civil Writ Petition No.4557/2023 is filed with following prayer:- (a) The Respondents may be directed to be said Writ petition by issuing an appropriate order or direction for quashed and set aside the final result dated 17.02.2023 and further to direct the Respondents to call the petitioner for verification of documents on the said post in question (b) The Respondents may be directed to be said Writ petition by issuing an appropriate order or direction for compensation to the petitioner for unnecessary harassment due to non compliance of their own circular (Annexure-5) even after sending legal notices. 2. S.B. Civil Writ Petition No.4556/2023 is filed with following prayer:- (a) The Respondents may be directed to be said Writ petition by issuing an appropriate order or direction for quashed and set aside the final result dated 17.02.2023 and further to direct the Respondents to call the petitioner for verification of documents on the said post in question (b) The Respondents may be directed to be said Writ petition by issuing an appropriate order or direction for compensation to the petitioner for unnecessary harassment due to non compliance of their own circular (Annexure-5) even after sending legal notices. 3. The issue pertains to recruitment on post of Technical Helper-III in Power Distribution Companies (DISCOMs) of Rajasthan, the petitioner have applied in Outstanding Sports Persons category for said post pursuant to advertisement [2025:RJ-JP:51276] (3 of 4) [CW-4557/2023] notification dated 04.02.2022. The result was declared on 17.02.2023, but no candidates were selected in Outstanding Sports Persons category on the ground that “No Candidate Available”. 4. The petitioner Mahaveer Choudhary has claimed that he has participated for the 64th National Shooting Championship Competition in pistol event held at New Delhi from 18th November, 2021 to 06th December, 2021 representing Rajasthan State in individual capacity. 5. Another writ petitioner Narendra Kumar Khichar has claimed that he has participated in 54th Senior Artistics Gymnastics National Championship held at Hyderabad (Andhra Pradesh) from 26th to 28th March, 2014 as well as in 62nd National Shooting Championship Competition (NSCC) in pistol events held at Thiruvananthapuram from 15th November to 07th December, 2018 representing Rajasthan State in individual capacity. 6. The grievances of the petitioners are that they were eligible to be considered in Outstanding Sports Persons category, but their candidature was not considered by the respondents. The petitioners were not called for Document Verification (DV) despite having all eligibility and as per circular and even after sending representation. 7. Aforesaid contentions were opposed by learned counsel appearing on behalf of respondents and they submitted as per letter dated 17.02.2023, none of the certificates were found eligible as per rules. 8. The counsel for petitioners has placed reliance upon judgment in case of Rajesh Kumar Daria Vs. RPSC reported as [2025:RJ-JP:51276] (4 of 4) [CW-4557/2023] AIR 2007 SC 3127 and submitted that when the vacancies are available, then it is duty of the respondent to consider the candidature of present petitioners. He further placed reliance upon circular dated 27.05.2022 issued by the DOP (K-2), Government of Rajasthan and submitted that the respondents are under an obligation to consider the candidature of present petitioners. 9. Having considered the submission of learned counsel for the parties and on perusal of material placed on record, it is appropriate to dispose of the writ petitions with following directions:- (i) The petitioner(s) shall submit his representation to the respondent No.3 within a period of 45 days along with all certificates and supporting documents. (ii) Respondent No.3 shall examine the certificates and verify the same in accordance with circular dated 27.05.2022 issued by the DOP. (iii) If petitioner(s) were found in the category of Outstanding Sports Persons as per Government policy or the rules, then their candidature be considered strictly in accordance with order of merits. 10. The petitioners, if found eligible in all respects, are entitled for appointment on post of Technical Helper-III. 11. With aforesaid, both the writ petitions with pending application(s), if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /406-407