CW 4145/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.4145/2010 Laxman Lal Meena Versus State & Ors Date of Order ::: 06/08/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. RD Meena, for petitioner. Mr. SN Kumawat, AAG, for respondents State & PSC Matter has come up on application (No.26997/dt.05/07/2010) seeking vacation of ex parte interim order dt.26/03/2010. Instant petition has been basically filed on the premise that petitioner's name at one stage was included in select list dt. 21/04/2009 but while corrigendum was later on issued, and his name was deleted on the premise that he was wrongly included in select list as he does not belong to TSP area. However, this Court taking note of select list published by PSC on 21/04/2009 passed ex parte order directing the respondents to permit the petitioner to undergo the training on provisional basis. In para 5 of the reply filed by respondent PSC, it has been specifically averred that the petitioner does not belong to TSP area and in selection process, he secured only 114 marks whereas cut off marks in the category of Scheduled Tribe was 135.33 and date of birth was 08/03/1985; in such CW 4145/10 //2// circumstances, petitioner could not have been included in select list which respondent PSC had published but only because of a human error was considered to be of TSP area candidate, to which indisputably he did not belong, having been resident of Dausa district, he cannot be considered to be a candidate from TSP area. Taking note of specific averments made in para 5 of the reply, which have not been controverted by petitioner by filing any documents on record, and that apart, it appears to be a human error having crept in while including name of petitioner in select list inasmuch as it is not the case of petitioner that any person having secured lower marks (114) than him in ST category has been considered and included in select list by the respondents; in this view whereof, petition is devoid of merit. Consequently, writ petition fails and is hereby dismissed. Ex-parte order dt. 26/03/2010 stands vacated. No costs. (Ajay Rastogi), J. K.Khatri/p2/ 4145CW2010Aug6-DsPSC.doc