Rajasthan High Court Weekly Roundup: January 3 To January 9, 2022

1. District Judge Recruitment Exam; Rajasthan HC dismisses Plea Challenging Conditions On Candidates To Furnish 10 Certified Copies of Judgments

Case Title: Laxmilal Salvi v. Registrar General, Rajasthan High Court

Case Citation: 2022 LiveLaw (Raj) 1

The division bench of Rajasthan High Court, Jodhpur dismissed a plea challenging the conditions on candidates to supply certified copies of those 10 judgments of which the candidate has furnished particulars while submitting online application form.

As per the petitioner, this requirement is not part of the recruitment rules, and therefore, cannot be inserted through the recruitment notification.

The court observed, "Clause (f) of paragraph 6 of the main notification thus traces its root to Sub-rule (1) of Rule 36 of the said rules and is thus in consonance with the statutory recruitment rules. Rule 36(1) is not under challenge. The condition, therefore, cannot be set aside."

2. "Sensitive Policy Matters", Rajasthan HC dismisses PIL seeking Directions to Declare 10Km from India-Pakistan Border As No Mining Zone

Case Title: Seemajan Kalyan Samiti, Rajasthan v. Union of India

Case Citation: 2022 LiveLaw (Raj) 2

A division Bench of Rajasthan High Court, Jodhpur dismissed a public interest litigation seeking direction to the Union government that ten kilometres of area from international border line (India and Pakistan) should be declared as no mining/commercial/industrial zone. The court observed that it is a sensitive policy matter and not a subject matter of decision by the High Court in a writ petition.

The bench comprising of Akil Kureshi, CJ and Rameshwar Vyas J. observed,

"In our opinion, these are sensitive policy matters. What should be the buffer zone for permitting mining operations and other commercial operations near the international border, cannot be subject matter of decision by the High Court in a writ petition.

In addition to the above, the plea also seek permission for mining lease already granted should be cancelled. Further, it was also prayed that the decision to shut down Border Intelligence Chowkis be reversed.

3. "English, as a medium of instruction Can't Be Thrusted Upon A Child Even By A Legislation Much Less By A Policy Decision": Rajasthan HC

Case Title: School Development Management Committee, Shri Hari Singh Senior Secondary School and Ors v. State of Rajasthan and Anr.

Case Citation: 2022 LiveLaw (Raj) 3

While allowing the plea filed by the petitioner, the single bench of Rajasthan High Court, Jodhpur held that the impugned decision of the State seeking to convert the school in question from a Hindi medium to an English Medium school with immediate effect, is fortiori, violative of Article 19(1)(a) and 14 of the Constitution.

Justice Dinesh Mehta held that English, as a medium of instruction, cannot be thrusted upon a child even by a legislation enacted by the State Government, much less by a policy decision.

The present petition, filed by School Development Management Committee of Shri Hari Singh Senior Secondary School, Pilwa Panchayat Samiti Dechu, Jodhpur, challenging the decisions of Sept 2021 taken by the state government which converted petitioners' Hindi Medium school to an English Medium School - Mahatma Gandhi Government School (English Medium).

Also Read: Whether Right To Get Education In Mother Tongue Or Hindi Is A Fundamental Right?: Rajasthan High Court

4. "Merging the Posts or Grant of Seniority Lies Within Exclusive Domain of Employer"; Rajasthan HC Upholds Merger of Cadre of Feeder Manager with Asst. Engineers

Case Title: D.K. Garg and Anr. v. State of Rajasthan and Ors

Case Citation: 2022 LiveLaw (Raj) 4

A division Bench of Rajasthan High Court, Jodhpur the order of the Power Sector Companies by which the entire Cadre of Feeder Manager in 5 Power Sector Companies of Rajasthan was merged with the Cadre of Assistant Engineer (O&M) and they were adjusted in the seniority list of 2010-11 & 2011-12.

The bench comprising Justices Dinesh Mehta and Rameshwar Vyas observed that it is settled position of law that equating the posts or merging the posts or grant of seniority lies within the exclusive domain of the employer or the State Government. The scope of interference or judicial review is very limited. Court added that interference of court in policy matters is permissible only when there is a lacuna or procedural lapse in the decision making process.

5. CISF Examination, 2019: Rajasthan HC Directs Centre To Keep A Post Vacant for Candidate Suffering From Cubitus Valgu and having Tattoo Mark

Case Title: Ramchandra Nath Siddh Son of Poos Nath Sidh v. The Union of India and Ors.

Case Citation: 2022 LiveLaw (Raj) 5

A single bench of Rajasthan High Court, Jodhpur directed Union government to keep a post vacant for candidate suffering from Cubitus Valgu and having Tattoo Mark in pursuance of CISF Examination, 2019, till further orders.

After hearing the petitioner on interim relief, Justice Mahendar Kumar Goyal ruled, "Taking into consideration the submissions advanced by the learned counsel for the petitioner and the material on record, this Court deems it just and proper to direct the respondents to keep a post vacant in pursuance of examination, 2019, till further orders."

6. [Recruitment of 1,50,000 Asst. Professor candidates] Rajasthan HC Dismisses Plea Alleging RPSC Procedure Being In conflict With The UGC Norms

A division bench of Rajasthan High Court, Jodhpur dismissed a plea challenging the RPSC procedure for the selection of Assistant Professors in government colleges for a total number of 918 posts. The question arose before the bench that whether or not the qualifications and the method of recruitment, as provided in the advertisement and which are followed by the Rajasthan Public Service Commission (RPSC), are in consonance with the UGC guidelines.

The bench of Chief Justice Akil Qureshi and Justice Sudesh Bansal noted, "We may recall, more than 1,50,000 candidates have applied for 918 posts. As noted, UGC regulations have not provided any cut-off for shortlisting the candidates on the basis of scores to be allotted in terms of the table. Even if we permit the degree of latitude to the recruiting agency and expect calling for oral interview candidates 5 times the number of notified vacancies, this would require conducting the oral interview close to 5,000 candidates".

Other Important Updates

1. Appointment of Resolution Professional: Rajasthan HC Issues Notice On Plea Challenging Constitutionality Of Sections 95, 97 & 99 Of IBC

Case Title: Hemant Bohra v. Union of India; Civil Writ Petition No. 17

The Rajasthan High Court has issued notice on a plea challenging the constitutionality of Sections 95, 97 and 99 of the Insolvency Bankruptcy Code, 2016.

The division bench of Chief Justice Akil Kureshi and Justice Rameshwar Vyas observed, "Since the provisions of the law framed by the Parliament are under challenge, we therefore issue notice to the learned Additional Solicitor General".

The matter is fixed for hearing on February 7, 2022.

The petition is filed by one Hemant Bohra, who is a guarantor and against whom the proceedings under the Insolvency and Bankruptcy Code, 2016 have been instituted.

2. COVID Omicron: Rajasthan High Court To Have Only Virtual Hearings From January 5 to January 14

Considering the instant surge in Covid-19 cases and the spread of its highly infectious Omicron variant during the last couple of weeks and the preventive measures adopted by the State Government, the Rajasthan High Court has decided to have only virtual hearings from January 5, to 14, 2022.

This decision has been taken for the safety and security of all concerned, a notification issued in this regard states.

During this period, as far as possible, only 75% of the court staff will be called to attend the office on a rotational basis. The remaining staff shall work from home and shall not leave the headquarters without prior permission of the concerned Authority.