'Competition Must Be Among Equals': Rajasthan High Court Says Home Guard Selection Can't Pit Experienced Volunteers Against Fresh Candidates
The Rajasthan High Court has granted relief to a bunch of Home Guards who were allegedly terminated orally, by opining that in relation to new recruitment, if the petitioners were already having some experience as volunteers in Home Guards Department, they were required to be screen initially and if found eligible, to be taken into services. The bench of Justice Munnuri Laxman held that...
The Rajasthan High Court has granted relief to a bunch of Home Guards who were allegedly terminated orally, by opining that in relation to new recruitment, if the petitioners were already having some experience as volunteers in Home Guards Department, they were required to be screen initially and if found eligible, to be taken into services.
The bench of Justice Munnuri Laxman held that even though the screening itself did not confer any right on the petitioner, the right to be considered, if the Government chose to fill up the volunteers in the Home Guards Department, lied with the petitioners. It was held that such screening had to be among the petitioners only.
The Court was hearing a bunch of petitions by the volunteers of the Home Guards Department, who were challenging their alleged oral termination.
The petitioners were aggrieved with the fact that only some persons were selected for the screening for fresh recruitment, while the claims of the petitioners of being entitled to be screened were ignored.
Further, the petitioners submitted that the screening should have been done only among the petitioners considering their past experience. However, in the present case, their screening was done with the fresh candidates. It was argued that there was unequal competition.
After hearing the contentions, the Court observed that any competition had to be among equals and not un-equals.
“If the petitioners are already having some experience by engaging them as volunteers in the Home Guards Department and if the Government chooses to fill up any vacancies available for recruitment to the post of volunteers in the Home Guards Department, the petitioners are required to be screened initially and whoever is found eligible for recruitment, they are required to be taken into services.”
The Court stated that the engagement was subject to the State's discretion, but the petitioners had the right to be considered in the event the government chose to proceed with the recruitment.
It was directed that such screening had to be among the petitioners only. Accordingly, the petitions were disposed of.
Title: Jhalkan Singh Rathore & Ors. v the State of Rajasthan & Ors., and other connected petitions
Citation: 2026 LiveLaw (Raj) 136