In a significant order affecting hundreds of Home Guard volunteers, the Rajasthan High Court at Jaipur has clarified that experienced volunteers cannot be sidelined during recruitment. The court stressed that any selection process must ensure equal opportunity and fair participation.
Background of the Case
The case involved multiple writ petitions, led by Jhalkan Singh Rathore and others, where a large number of Home Guard volunteers challenged what they described as an oral termination of their services.
The petitioners argued that during the ongoing recruitment process, only a limited number of candidates 81 in total were screened for fresh consideration, while many existing volunteers were left out.
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They contended that this created an uneven playing field, as fresh candidates were allowed to compete alongside experienced volunteers without giving the latter proper priority or consideration.
The bench of Justice Munnuri Laxman closely examined the grievance and the recruitment process followed by the authorities.
During the hearing, the State’s counsel submitted that the screening of 81 candidates was conducted under interim directions of the court and remained subject to eligibility, vacancy availability, and the government’s decision to fill those posts.
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However, the court took a firm view on fairness in recruitment. It observed,
“Any competition must be among equals and not unequals.”
The judge noted that the petitioners had already served as Home Guard volunteers and possessed relevant experience. Ignoring them while bringing in fresh candidates for screening could result in unfair competition and denial of a fair chance.
The court further clarified that while screening does not automatically grant a right to appointment, it does create a right to be considered if the government proceeds with recruitment.
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The High Court directed that if the State chooses to fill vacancies in the Home Guards Department, the petitioners must first be screened. Only those found eligible should be considered for engagement.
Importantly, the court stated that such screening should be conducted exclusively among the petitioners, ensuring fairness in the process.
At the same time, the court maintained that final engagement depends on the government’s decision to fill vacancies and does not guarantee employment.
With these directions, all the writ petitions were disposed of.
Case Details:
Case Title: Jhalkan Singh Rathore & Ors. vs State of Rajasthan & Ors.
Case Number: S.B. Civil Writ Petition No. 5438/2020 (with connected matters)
Judge: Justice Munnuri Laxman
Decision Date: 07 April 2026
