CWP-16227/10 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.16227/2010 Ran Singh & Ors. Vs. State of Raj. & Anr. Date Of Order :: 15/12/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Brij Sharma, for petitioner. Mr. Shantanu Kumawat on behalf of Mr. S.N. Kumawat, AAG, for respondent. Joint petition has been filed by eight petitioners who had submitted their application pursuant to advertisement dt.08.08.2008 for the post of Teacher Grade-2nd (Maths) advertised under Rajasthan Education Subordinate Service Rules, 1971. In all 1500 posts of Teacher Grade-2nd specially for Maths subject has been advertised and selection is solely based on written examination. However, a press note was released from the office of Commission on 20.09.2010 that examination would be held from 06.02.2011 onwards but looking to the exigencies which the Commission has come across, in supersession of press release dt.20.09.2010 a further press note was released on 21.11.2010 to the effect that examination for the post of Teacher Grade-2nd of four subjects (Urdu, Maths/Sindhi, Sanskrit CWP-16227/10 (2) & Hindi) will be held from 19th to 22nd December,2010. Counsel for petitioners submits that once mode of recruitment is written examination and when the Commission vide its press note dt.20.09.2010 notified that it will be held from 06.02.2011, the action taking decision to prepone the written examination by the Commission cannot be held to be justified and adequate time has not been made available to the petitioners to prepare themselves for appearing in the written examination to be held by the Commission. Notices were issued by this Court on 13.12.2010 and the Commission was called upon to come out with their justification in publishing subsequent press note dt.21.11.2010 holding written examination from 19th to 22nd December,2010. Reply to the writ petition in short period could not have been filed by the respondent. However, two press notes dt.05.10.2010 & 30.11.2010 have been placed for perusal which shows that in all 7.5 lacs applicants intend to appear pursuant to advertisement holding examination for the post of Teacher Grade-2nd and the Government has CWP-16227/10 (3) also informed to the Commission that there will be a National Census Programme. Taking note thereof, the Commission took a decision segregating the subjects and examination schedule of few subjects of which reference has been made supra has been preponed and is now to be held from 19th to 22nd December,2010 and in regard to examination of certain left subjects it will be held after February,2011 and even during the period from 19th to 22nd December,2010 3.20 lacs applicants are expected to appear in the written examination. Counsel for the respondent submits that only to meet out the exigency which the State government brought to the notice of the Commission decision was reviewed and if the Commission continues in holding of examination from February, 2011 it will certainly delay the selection process and will not be in the interest of the applicants as well. He further submits that once the advertisement was published way back in August,2008 the information was available with the applicants including the present petitioners to prepare themselves to appear in the ensuing examination to be held for the post of Teacher CWP-16227/10 (4) Grade-2nd, in such circumstances, the submission made by the petitioners that sufficient time could not be made available is wholly a lame excuse. Holding of examination pursuant to advertisement issued by the Commission is its policy decision and this Court is not supposed to interfere in such policy decisions of the Commission unless it is arbitrary or in violation of any statute; however a justification has been given by the respondent in taking such decision to prepone the examination after the press note was released on 20.09.2010 is based on cogent material which has been brought to the notice of the Court by press note dt.05.10.2010 & 30.11.2010 communicating that 7.5 lacs applicants are expected to appear in the examination as such the written examination has been segregated and in few subjects examination is to be held from 19th to 22nd December,2010 and 3.2 lacs applicants are expected to appear in the aforesaid examination and in these circumstances, the action of the Commission in taking its decision of holding written examination in December,2010 which is impugned CWP-16227/10 (5) in the instant petition cannot be held to be unjust or required to be interfered by this Court. Apart from it, after the advertisement was published way back in August,2008 sufficient time was available to the applicants to prepare themselves for appearing in the examination. This Court does not find any error being committed by the respondent in passing of the press note dt.21.11.2010 holding written examination for the post of Teacher Grade-2nd from 19th to 22nd December,2010 which may require interference. Consequently, the petition is without substance and is hereby dismissed. (Ajay Rastogi),J. VS Shekhawat/-p.5 16227cw10Dec15FnlDsps.doc