Pushkar, Districtajmer v. State of Rajasthan, Through Its Additional Chief

Ganesh Singh Rawat S/o Shri Dhara Singh Rawat, Aged About 19 Years, Resident of Village Devnagar, Via Pushkar, Districtajmer. ----Petitioners Versus

1. State of Rajasthan, Through Its Additional Chief Secretary, Home Department, Government of Rajasthan, Government Secretariat, Jaipur.

2. The Director General of Police, Government of Rajasthan, Jaipur.

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

4. State of Rajasthan, The Department of Personnel (KA-Group-II), Through Its Secretary, To The Government, Government of Rajasthan, Government Secretariat, Jaipur (Raj). ----Respondents For Petitioner(s) : Mr. Hemant Taylor HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT Order [2025:RJ-JP:33013-DB] (2 of 6) [CW-12478/2025] 21/08/2025

1. The challenge in the present writ petition is to Rule 6 of the Rajasthan Subordinate & Ministerial Services (Common Eligibility Test) Rules, 2022 (hereinafter referred to as “the Rules of 2022”).

2. It is submitted by learned counsel for the petitioners that petitioners are the aspirants for joining the Constable (Band) for which the selection has to be done on the basis of marks obtained in the proficiency test alone.

3. Learned counsel for the petitioners has taken us to Rule 6 of the Rules of 2022 to submit that as the Common Eligibility Test (CET) is required to be cleared only in cases where the selection to the various posts of Subordinate and Ministerial Services as mentioned in Schedule-I and Schedule-II, would be on the basis of written examination or interview or both and since any of this exercise is required to be done for the purpose of selection for the post of Constable (Band), he submits that the Rule would have no applicability for the purpose of appointment on the post of Constable (Band). The Rule, therefore, directing the petitioners to first clear the CET, would have to be declared ultra vires.

4. So far as the posts mentioned in Schedule-I and Schedule-II relating to Constable Police Band is concerned, learned counsel for the petitioners has also taken us to the criteria mentioned in Schedule-II, which mentions solely the post of Constable.

5. Learned counsel has invited our attention to the Standing Order issued by the Director General of Police, Jaipur, which provides the procedure for recruitment of Constables, wherein for the post of Constable (Band), only 30 marks are provided relating to practical test on the subject of band and thus, he submits that [2025:RJ-JP:33013-DB] (3 of 6) [CW-12478/2025] there is no interview. Learned counsel has also taken us to the advertisement where also a similar provision has been provided with regard to the post of Constable (Band).

6. We have considered the submissions.

7. After perusal of the aforesaid Rules, it would be apposite to quote Rule 6 of the Rules of 2022, which read as under: “Common Eligibility Test Subordinate and Ministerial Services:- Notwithstanding anything contained in any rule governing direct recruitment to the posts of Subordinate and Ministerial Services mentioned in Schedule-I and Schedule-II, no person shall be eligible to appear in written examination or interview or both conducted for selection to the posts mentioned in Schedule-I or Schedule-II, as the case may be, if he fails to obtain such minimum marks in the CET, as may be determined by the recruiting agency. While determining the minimum marks, the recruiting agency shall consider that fifteen times of candidates of total number of vacancies advertised for the post mentioned in Schedule-I or Schedule- II, as the case may be, will be eligible to apply for vacancies so advertised but in the said range all those candidates who secure the same marks as may be fixed by the recruiting agency for any lower range will be admitted in written examination or interview or both conducted for selection to the posts mentioned in Schedule-I or Schedule-II, as the case may be: Provided that, if the recruiting agency is of the opinion that sufficient number of [2025:RJ-JP:33013-DB] (4 of 6) [CW-12478/2025] candidates belonging to reserved category are not available on the basis of general standard for appearing in the written examination or interview or both conducted for recruitment on the post mentioned in Schedule-I or Schedule-II, as the case may be, relaxed standard may be applied by the recruiting agency for admitting candidates belonging to such reserved category so that sufficient number of candidates in that category are available to appear in the written examination or interview or both. For this purpose, the zone of consideration of fifteen times the total approximate number of vacancies shall stand relaxed. However, candidates so additionally qualified to appear in written examination or interview or both will be eligible for selection to the posts reserved for respective categories only.”

8. From perusal of the aforesaid Rule, it is apparent that the intent of the Rules is lying down a pre-qualification test, known as CET for any candidate, who seeks appointment by direct recruitment on the posts as mentioned in Schedule-I and Schedule-II. Schedule-II mentions posts of Constable. Constable post has been sub divided into various kinds of posts of Constables which includes Constable (General/Driver/Band).

9. We noticed that so far as the Constable (General) is concerned while there is no proficiency test and there is a written examination with a physical efficiency test and special marks are also allotted for special qualification, for the post of Constable (Driver), the written examination and proficiency test have been [2025:RJ-JP:33013-DB] (5 of 6) [CW-12478/2025] provided and for the post of Constable (Band) only proficiency test has been provided.

10. The petitioners seek exemption from CET merely because the word ‘interview’ has not been mentioned for selection of the post of Constable (Band). However, we find that it is under a misconceived notion that the argument has been advanced. A proficiency test essentially is a way of conducting of an interview. Interviews may be conducted in different forms and as per the criteria which the examiners may evolve. In some cases, the interviews may be put for calling the candidates and examining their behavioural pattern by putting question to them. In other cases, there may be interviews which involves different aspects like group discussion, physiology test as well as direct queries to be put to each candidate. There may be other cases where like for the present selection of Constable (Band) that the proficiency of that candidate may be examined. Obviously, a candidate who is aspirant for the post of Constable (Band) may be asked to play the instruments for which he claims expertise. In such circumstances he may ask by the concerned examiner to play particular tune or a particular note and accordingly, the marks may be assigned to him. Thus, it is a different form of an interview.

11. Be that as it may. If we read Rule 6 of the Rules of 2022, it takes into compass all kinds of examinations which may be conducted for the purpose of selection for the post and a pre- qualification of passing CET has been laid down for all the petitioners, therefore, they cannot claim exemption or hold or say [2025:RJ-JP:33013-DB] (6 of 6) [CW-12478/2025] that the concerned Rule would be ultra vires for the selection of the Constable (Band).

12. We also noticed that it is an employer who is the best judge to decide as to what form the examination should be conducted and the petitioners who appear for the post will have to face examination which the employer seeks them to pass.

13. In view thereto, the challenge is found to be wholly frivolous. The present Civil Writ Petition accordingly, dismissed.

14. Pending application(s), if any, stand disposed of. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J AMIT/15