Rajasthan High Court

CW/11025/2024 of GABARU GURJAR S/O RAMESHVAR PRASAD GURJAR Vs THE STATE OF RAJASTHAN on 23 July 2026

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JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11025/2024 CNR: RJHC020575402024 | URN: CW / 22061U / 2024 Gabaru Gurjar S/o Rameshvar Prasad Gurjar, Aged About 24 Years, R/o Village Trilokpura, Post Bhagwatgarh, District Sawaimadhopur, Rajasthan. ----Petitioner Versus 1.

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 11025/2024

CNR: RJHC020575402024 | URN: CW / 22061U / 2024

Gabaru Gurjar S/o Rameshvar Prasad Gurjar, Aged About 24

Years, R/o Village Trilokpura, Post Bhagwatgarh, District Sawaimadhopur, Rajasthan.

----Petitioner

Versus

1.

The State of Rajasthan, Through Its Home Secretary, Secretariat, Rajasthan, Jaipur

2.

The Director General of Police (Recruitment), Police Headquarter, Rajasthan, Jaipur.

3.

The Additional Director General of Police, Recruitment And Promotion Board, Rajasthan, Jaipur.

4.

The Superintendent of Police, Jaipur Rural.

----Respondents

For Petitioner(s)

:

Mr. Ram Pratap Saini

For Respondent(s)

:

Mr. Kartikeya Shukla,

Mr. Vishnudutt Sharma &

Mr. A. Nangalia for

Mr. Bhuwnesh Sharma, AAG

HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

23/07/2026

1. This writ petition has been filed by the petitioner with the following prayer:- "By an appropriate writ, order or direction in the nature thereof, the respondents be directed to include the petitioner in the selection process i.e. PET/PST and Written Examination for the post of Constable Driver and if petitioner find place in merit then give appointment to him on the post of Constable Driver for Jaipur Rural with all consequential benefits."

(2 of 4) [CW-11025/2024]

2. Learned counsel for the petitioner submits that the cut off marks for the candidates for allowing in the physical PET/PST for the post of Constable Driver in the Jaipur Rural for open category is 144.0343 and the petitioner has also secured same marks that is 144.0343 in the CET, still the petitioner has not been called for PET/PST.

3. Learned counsel further submits that the condition of calling 15% candidates of a particular category will apply at the final list and not at the intermediate list. Learned counsel for the petitioner has cited the example of LDC recruitment wherein the 15% condition was made applicable at the final stage and not in the intermediate stage i.e. while calling the candidates for the typing test.

4. Learned government counsel Mr. Vishnu Dutt Sharma appearing for the respondent submits that as per Clause 10 of the advertisement, only 15 times candidates against the vacancies of a particular district and particular category were required to be called for physical efficiency test. He further submits that though the petitioner is having the same marks as the cut off of the open category for the post of Constable Driver in Jaipur Rural, however, looking to the condition of 15% of the vacancies of a particular district unit/category, the petitioner could not find place in 15 times list as the last candidate who was included in the 15 times secured 144.0343 marks and his date of birth is 11.05.1995, whereas the date of birth of petitioner is 01.07.2000.

5. It is the settled procedure that whenever two candidates who have equal marks then the elder candidate gets preference. In the present case after applying the 15 times criteria, the petitioner

(3 of 4) [CW-11025/2024] could not find place in the 15 times list for the reason that he is younger to the last candidate who has been given place in 15 times list.

6. Considered the submission made by the learned counsel for the petitioner as well as counsel for the respondent and perused the material available on record.

7. As per the facts on record, the respondents issued an advertisement for recruitment to the post of Constable Driver alongwith other posts vide advertisement dated 03.08.2023. Petitioner submitted application form for recruitment to the post of Constable Driver for Jaipur Rural wherein 17 vacancies of Constable Driver were advertised, in which 13 vacancies were for the open category under which the petitioner filled the application form.

8. As per para 4 of the detailed reply submitted by the respondents, the marks obtained by the selected candidate in the General Category Mr. Giriraj Prasad Sharma is the same as to the petitioner i.e. 144.0343, however so as to meet the criteria of calling the 15 times candidates for PET/PST, the candidate who was elder having date of birth as 11.05.1995, has been called for the PET/PST and the petitioner could not be called as 15 times requirement has already been filled.

9. As regards the submission made by the counsel for the petitioner that the 15 times condition is applicable only at the final stage as has been applied in the recruitment for the post of LDC is concerned, this Court finds that Clause 10 of the advertisement specifically provides that 15 times candidates shall be called for the physical efficiency test.

(4 of 4) [CW-11025/2024]

10. Whenever the terms and conditions provided in the advertisement are added by the respondent, the advertisement is issued with specific terms and conditions so as to streamline the recruitment process.

11. In view of the discussions made above, this writ petition is dismissed.

12. Stay application as well as pending application(s), if any, also stands disposed of. (GANESH RAM MEENA),J YOGESH KUMAR/09

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