Delay In Conducting Qualifying Exam By State Can't Be Attributed To Candidate: Rajasthan HC Directs Regularization Of Service From Prescribed Date

Rajasthan High Court granted relief to a Lower Division Clerk whose services were regularized from a later date than the date of completion of her probation period owing to delay on part of the State in conducting the prescribed examination that was required to be cleared for such regularization.The bench of Justice Arun Monga observed that the petitioner was willing and available throughout for giving the prescribed typing test, however, the department failed to conduct the same within the stipulated timeline owing to delay in construction of computer labs, and preparation of syllabus, rules, and procedures. “No doubt, it was incumbent upon the petitioner to pass the requisite test, but the shoe seems to be on the other foot in the present case. The petitioner was willing and available throughout to be subjected to the aforesaid test, but it is the department that failed to conduct the test within the stipulated period of 2 years…the department cannot attribute the delay in the clearance of the test to the petitioner, as the conceded position is that the test was not conducted due to delays on the part of the department.”The Court was hearing a petition filed by a lower division clerk who was appointed in 2010 on compassionate grounds. Throughout her probation period of 2 years, she repeatedly approached the State for conducting the prescribed typing test that was required to be passed by her within the probation period to get regularized. However, nothing happened. After her probation period ended in 2012, the exam was conducted by the State in 2013 which she passed, but her service was not regularized from the date of ending of her probation period, but from a later date. Hence, the petition was filed. In the reply filed by the State, it was submitted that in 2010 the typewriter test was changed to the computer type test. Due to this change, there was a delay in conducting the examination owing to the delay in construction of the computer labs as well as finalization of the syllabus, rules and procedures. Hence the exam could be conducted only in 2013. Taking into account this accepted fact of the State, the Court held that, “stand taken by the respondents is completely lopsided. They assert that since the petitioner did not clear the type test within 2 years, as envisaged under the applicable service rules, her services were not confirmed upon completion of the probation period…In fact, the department has candidly admitted that the test could not be conducted because the syllabus, along with other rules, was still under preparation.”Accordingly, the petition was allowed and the State was directed to regularize the services of the petitioner from the date of completion of her probation period with all consequential benefits from then. Title: Mamta Sharma v State and Ors.Citation: 2025 LiveLaw (Raj) 33Click Here To Read/Download Order

Delay In Conducting Qualifying Exam By State Can't Be Attributed To Candidate: Rajasthan HC Directs Regularization Of Service From Prescribed Date

Nupur Agrawal

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