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Rajasthan High Court - Jodhpur

Joga Ram vs State Of Raj. & Ors on 25 March, 2009

Author: H.R. Panwar

Bench: H.R. Panwar

                                   1
                                                       SBCWP No.2199/2009

              S.B.CIVIL WRIT PETITION NO.2199/2009

                              Joga Ram
                                 Vs.
                      State of Rajasthan & Ors.


                Date of Order          ::   25.03.2009


               HON'BLE MR. JUSTICE H.R. PANWAR

Mr.Ramesh Purohit, for the petitioner. Mr.Rajesh Bhati for Mr.R.L.Jangid, AAG for the respondents.

By the instant writ petition, the petitioner seeks a direction to the respondents to appoint him on the post of Prabodhak in pursuance of the orders dated 28th February, 2009 and 2nd March, 2009, Annexures-2 and 3 respectively.

It is contended by learned counsel for the petitioner that the name of the petitioner finds place in the reserve/waiting list and after exhausting the main select-list, the respondent- State has decided by orders dated 28th February, 2009 Annexure-2 and dated 2nd March, 2009 Annexure-3 to provide appointment to those candidates who appeared, stand selected and placed in reserve/waiting list according to their merit.

A reply to the writ petition has been filed by the respondents. The orders Annexure-2 & 3 dated 28th February, 2009 and 2nd March, 2009 respectively have not been disputed by the respondent-State and the State came with a case that after issuing these two orders, the appropriate steps are being taken to give appoint to the candidates of the reserve list as per 2 SBCWP No.2199/2009 their merit in the respective categories. However, in a writ petition filed before this Court in respect of appointments on the post of Probadhak in District Nagaur, an interim order to the effect that in the meanwhile, the respondents are restrained to fill-up all unfilled remaining vacancies of Prabodhaks in District Jodhpur and Nagaur has been passed. Though in the order, it has been made clear that it shall be open to make appointment on the post of Prabodhak in compliance of the directions given by the Court in specific cases. According to the respondent, the case of the petitioner could not be considered in view of the said interim order passed by this Court.

Since the State Government itself has decided to provide the appointment to those candidates who appeared and stand selected in reserve/waiting list according to their merit, therefore, the respondents are directed to consider the candidature of the petitioner from the waiting/reserve list Annexure-1 as per the category to which the petitioner belongs and if the petitioner is meritorious and finds place in merit, he may be accorded the appointment on the post of Prabodhak strictly according to merit.

With these directions, the writ petition stands disposed of.

(H.R. PANWAR), J.

NK 3 SBCWP No.2199/2009 S.B.CIVIL MISC.STAY APPLICATION NO.3754/2009 IN S.B.CIVIL WRIT PETITION NO.2199/2009 Date of Order :: 25.03.2009 HON'BLE MR. JUSTICE H.R. PANWAR Mr.Ramesh Purohit, for the petitioner. Mr.Rajesh Bhati for Mr.R.L.Jangid, AAG for the respondents.

Since the writ petition itself has been disposed of, stay petition also stands disposed of.

(H.R. PANWAR), J.

NK