Mukesh Kumar & Ors vs State Of Raj. & Ors on 18 March, 2010

[Cites 2, Cited by 466]

Rajasthan High Court - Jodhpur

Mukesh Kumar & Ors vs State Of Raj. & Ors on 18 March, 2010

Bench: Prakash Tatia

                               1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                    JODHPUR

                            ::::
                         JUDGMENT

1SBCWP NO.2198/2010 RANA RAM STATE & ORS 2SBCWP NO.4002/2008 GANPAT LAL & ORS STATE & ORS 3SBCWP NO.6271/2008 HANUMAN RAM DIRECTOR/ COMMI., PRIMARY EDU.,BKN &ANR 4SBCWP NO.6351/2008 MOTI LAL STATE & ORS 5SBCWP NO.6353/2008 MOHD. SHARIF CHHIPA STATE & ORS 6SBCWP NO.6442/2008 PABU RAM & ANR STATE & ORS 7SBCWP NO.6496/2008 CHAIL BIHARI SHARMA STATE & ORS 8SBCWP NO.6578/2008 RAJU RAM STATE & ORS 9SBCWP NO.6715/2008 NISHA KANWAR STATE & ORS 10SBCWP NO.6810/2008 MURAD KHAN STATE & ORS 11SBCWP NO.6812/2008 SANTOSH GARG STATE & ORS 12SBCWP NO.6873/2008 SHANTI DEVI STATE & ORS 13SBCWP NO.6889/2008 NARAYAN LAL BISHNOI STATE & ORS 14SBCWP NO.6933/2008 RAMVILAS GADAN STATE & ORS 15SBCWP NO.7005/2008 YOGESH CHANDRA STATE & ORS PATIDAR 16SBCWP NO.7612/2008 SANWALA RAM STATE & ORS 17SBCWP NO.7700/2008 RAJDULARI MAKHIJA STATE & ORS 18SBCWP NO.8120/2008 MOHAN SINGH STATE & ORS 19SBCWP NO.8494/2008 OM PRAKASH SHARMA STATE & ORS 20SBCWP NO.8618/2008 JUGAL KISHORE STATE & ORS 21SBCWP NO.8624/2008 SUKHA RAM PATEL STATE & ORS 22SBCWP NO.8629/2008 MUNA LAL STATE & ORS 23SBCWP NO.8642/2008 BHIM SINGH STATE & ORS 24SBCWP NO.8660/2008 NEMI CHAND PAREEK STATE & ORS 25SBCWP NO.8661/2008 SHREE KUNWAR BHATI STATE & ORS 26SBCWP NO.8704/2008 IRA RAM CHOUDHARY STATE & ORS 27SBCWP NO.8727/2008 GORDHAN SINGH STATE & ORS 28SBCWP NO.8728/2008 DHAN RAJ NAI STATE & ORS 29SBCWP NO.8825/2008 RICHHPAL SINGH SESMA STATE & ORS 30SBCWP NO.8880/2008 BHANWAR LAL STATE & ORS 31SBCWP NO.9255/2008 BHEEKH SINGH STATE & ORS RATHORE 32SBCWP NO.9270/2008 CHUTRA RAM STATE & ORS 33SBCWP NO.9271/2008 KHEM RAJ STATE & ORS 34SBCWP NO.9272/2008 MOOLA RAM STATE & ORS 35SBCWP NO.9273/2008 MESA RAM STATE & ORS 36SBCWP NO.9274/2008 HANUMAN RAM STATE & ORS CHAUDHARY 37SBCWP NO.9275/2008 TILOKA RAM STATE & ORS 38SBCWP NO.9277/2008 SHANTI STATE & ORS 39SBCWP NO.9737/2008 SMT. SAVITA STATE & ORS 40SBCWP NO.10034/2008 SURESH KUMAR STATE & ORS 41SBCWP NO.10167/2008 SARITA CHOUDHARY STATE & ORS 42SBCWP NO.87/2009 SMT. MEENAKSHI STATE & ORS 43SBCWP NO.390/2009 KAILASH & ORS STATE & ORS 44SBCWP NO.4946/2009 KISHNA RAM BISHNOI STATE & ORS 45SBCWP NO.5394/2009 SURENDRA KUMAR STATE & ORS BEDI 46SBCWP NO.6252/2009 SHANTI LAL GARASIA STATE & ORS 47SBCWP NO.6664/2009 NARAYAN LAL BALAI & STATE & ORS ORS 48SBCWP NO.905/2010 SULESH KUMAR STATE & ORS CHITTORA & ANR 49SBCWP NO.974/2010 BHUPENDRA SINGH STATE & ORS 50SBCWP NO.1030/2010 RAGHUNATH STATE & ORS 2 51SBCWP NO.1068/2010 SHUSHEELA CHORADIA STATE & ORS 52SBCWP NO.1152/2010 SMT. SANDHYA STATE & ORS 53SBCWP NO.1162/2010 RATAN LAL BHADU STATE & ORS 54SBCWP NO.1170/2010 PRAKASH KUMAR STATE & ORS 55SBCWP NO.1283/2010 DILIP SINGH STATE & ORS 56SBCWP NO.1284/2010 DEVI LAL SWAMI STATE & ORS 57SBCWP NO.1290/2010 HARSHLATA GUPTA STATE & ORS 58SBCWP NO.1299/2010 SMT. MANISHA JOSHI STATE & ORS 59SBCWP NO.1300/2010 SMT. SHABNAM KHAN STATE & ORS 60SBCWP NO.1307/2010 NATHU LAL STATE & ORS 61SBCWP NO.1309/2010 HARI PRASAD DOKI STATE & ORS 62SBCWP NO.1310/2010 VESTA ADIVASI STATE & ORS 63SBCWP NO.1345/2010 PURUSTTAM STATE & ORS 64SBCWP NO.1346/2010 SATISH PUROHIT STATE & ORS 65SBCWP NO.1354/2010 DAYAL RAM LATIYAL & STATE & ORS ORS.

66SBCWP NO.1371/2010 SURESH KUMAR STATE & ORS 67SBCWP NO.1386/2010 RAAN SINGH STATE & ORS 68SBCWP NO.1418/2010 NILESH RAWAL & ANR. STATE & ORS 69SBCWP NO.1438/2010 SOHAN RAM & ANR. STATE & ORS 70SBCWP NO.1463/2010 KRISHAN KUMAR STATE & ORS 71SBCWP NO.1475/2010 ASHA DADHICH STATE & ORS 72SBCWP NO.1510/2010 YOGESH KUMAR MEHTA STATE & ORS 73SBCWP NO.1511/2010 RAJESH KUMAR BHARDA STATE & ORS 74SBCWP NO.1532/2010 ARVIND KUMAR STATE & ORS 75SBCWP NO.1561/2010 MANJU JAIN STATE & ORS 76SBCWP NO.1597/2010 MOJI RAM BHAKER STATE & ORS 77SBCWP NO.1602/2010 SANTOSH KUMAR STATE & ORS PRAJAPAT 78SBCWP NO.1606/2010 ARJUN KUMAR STATE & ORS 79SBCWP NO.1642/2010 SAMPATI DHAKAD STATE & ORS 80SBCWP NO.1645/2010 CHIMAN LAL KATARA STATE & ORS 81SBCWP NO.1652/2010 MRS. SUMAN MALIK STATE & ORS 82SBCWP NO.1653/2010 MRS. KUSUM LATA STATE & ORS SHARMA 83SBCWP NO.1654/2010 MS. REENA BHUNDRA STATE & ORS 84SBCWP NO.1655/2010 DIMPAL RAJPUT & ANR STATE & ORS 85SBCWP NO.1668/2010 RAMESH KUMAR STATE & ORS SOLANKI 86SBCWP NO.1670/2010 KASHI RAM STATE & ORS 87SBCWP NO.1672/2010 BALWANT GIRI STATE & ORS GOSWAMI 88SBCWP NO.1710/2010 RAMDHAN STATE & ORS 89SBCWP NO.1728/2010 SMT. DIPTI KHANDELWALSTATE & ORS 90SBCWP NO.1761/2010 RAM SHANKAR TRIVEDI STATE & ORS 91SBCWP NO.1809/2010 PRAKASH GIRI STATE & ORS GOSWAMI 92SBCWP NO.1819/2010 KESA RAM ANKIYA STATE & ORS 93SBCWP NO.1846/2010 LAXMAN SINGH & ORS STATE & ORS 94SBCWP NO.1864/2010 ASHWINI KUMAR VYAS & STATE & ORS ORS 95SBCWP NO.1874/2010 NATHU RAM STATE & ORS 96SBCWP NO.1875/2010 BHERU LAL SHARMA STATE & ORS 97SBCWP NO.1876/2010 SITA RAM KHATIK STATE & ORS 98SBCWP NO.1877/2010 MAHAVEER SINGH STATE & ORS RANAWAT 99SBCWP NO.1878/2010 VIKRAM DAS VAISHNAV STATE & ORS 100SBCWP NO.1880/2010 SAMEER SHARMA STATE & ORS 101SBCWP NO.1883/2010 JAGDISH CHANDRA STATE & ORS KHATIK 102SBCWP NO.1890/2010 SHYAM LAL SHARMA STATE & ORS 103SBCWP NO.1891/2010 LOKESH KUMAR BHATT STATE & ORS 104SBCWP NO.1892/2010 SHANKAR LAL KALWAR STATE & ORS 105SBCWP NO.1898/2010 POONMA RAM STATE & ORS 106SBCWP NO.1926/2010 ASHA RAM GARASIA STATE & ORS 107SBCWP NO.1927/2010 JATA RAM GARASIA STATE & ORS 3 108SBCWP NO.1929/2010 RATAN SINGH RATHORE STATE & ORS 109SBCWP NO.1934/2010 SMT. ANITA ARORA STATE & ORS 110SBCWP NO.1939/2010 MRS. SHANTI KUMARI & STATE & ORS ANR.

111SBCWP NO.1940/2010 TARUN KUMAR SHARMA STATE & ORS 112SBCWP NO.1953/2010 SMT. RUCHI RATHORE STATE & ORS 113SBCWP NO.1956/2010 DERAVAR SINGH STATE & ORS 114SBCWP NO.1957/2010 BABU LAL STATE & ORS 115SBCWP NO.1958/2010 KANNU CHOUDHARY STATE & ORS 116SBCWP NO.1976/2010 HAPUNATH STATE & ORS 117SBCWP NO.1997/2010 NARPAT LAL BHARGAVA STATE & ORS 118SBCWP NO.1998/2010 ANNAPURNA STATE & ORS 119SBCWP NO.2004/2010 JOGA RAM STATE & ORS 120SBCWP NO.2006/2010 SHANTI LAL NAGDA STATE & ORS 121SBCWP NO.2027/2010 SANJAY KUMAR PANDIYA STATE & ORS 122SBCWP NO.2030/2010 SMT. PUNAM SHARMA STATE & ORS 123SBCWP NO.2034/2010 KAMALA SHANKAR STATE & ORS JOSHI 124SBCWP NO.2044/2010 TARUN LATA SHARMA STATE & ORS 125SBCWP NO.2051/2010 HARMAN MAHERIYA & STATE & ORS ORS 126SBCWP NO.2060/2010 VIJAY KUMAR SHARMA STATE & ORS 127SBCWP NO.2091/2010 KISHAN LAL PUROHIT STATE & ORS 128SBCWP NO.2092/2010 GOVERDHAN LAL LOHAR STATE & ORS 129SBCWP NO.2118/2010 BADRI LAL & ORS STATE & ORS 130SBCWP NO.2120/2010 KURDA RAM STATE & ORS 131SBCWP NO.2153/2010 JITENDRA KUMAR STATE & ORS 132SBCWP NO.2154/2010 NAVARAM STATE & ORS 133SBCWP NO.2161/2010 RANJANA BAIRAGI STATE & ORS 134SBCWP NO.2204/2010 JAMNA DEVI STATE & ORS CHAUDHARY 135SBCWP NO.2249/2010 SAMEER SHARMA STATE & ORS 136SBCWP NO.2252/2010 BAGA RAM PARIHAR STATE & ORS 137SBCWP NO.2312/2010 GANESH RAM SIRVI STATE & ORS 138SBCWP NO.2318/2010 SMT. YOGESH STATE & ORS 139SBCWP NO.2319/2010 RAJ KANWAR PUROHIT STATE & ORS 140SBCWP NO.2321/2010 SMT. SUNITA VYAS STATE & ORS 141SBCWP NO.2322/2010 RAMCHANDRA PUNIA STATE & ORS 142SBCWP NO.2331/2010 RAJENDRA KUMAR & STATE & ORS ORS 143SBCWP NO.2356/2010 SHANKAR LAL PRAJAPAT STATE & ORS & ANR 144SBCWP NO.2372/2010 MOHAN SINGH STATE & ORS 145SBCWP NO.2380/2010 DALPAT SINGH STATE & ORS 146SBCWP NO.2381/2010 PRAKASH CHNDRA STATE & ORS 147SBCWP NO.2389/2010 CHENA RAM SANKHLA STATE & ORS 148SBCWP NO.2393/2010 BAPULAL DODIYAR STATE & ORS 149SBCWP NO.2394/2010 BANSILAL PANDOR STATE & ORS 150SBCWP NO.2395/2010 MANSINGH STATE & ORS 151SBCWP NO.2396/2010 LAL SINGH STATE & ORS 152SBCWP NO.2397/2010 SUKH LAL STATE & ORS 153SBCWP NO.2398/2010 KANKU DEVI STATE & ORS 154SBCWP NO.2462/2010 MULA RAM STATE & ORS 155SBCWP NO.2463/2010 JALAM SINGH BHATI STATE & ORS 156SBCWP NO.2464/2010 APHOOL SINGH STATE & ORS RATHORE 157SBCWP NO.2491/2010 DINESH KUMAR SAINI STATE & ORS 158SBCWP NO.2531/2010 RAMNIWAS SHARMA & STATE & ORS ORS.

159SBCWP NO.2550/2010 KEDAR JOSHI STATE & ORS 160SBCWP NO.2551/2010 JAKIR HUSAIN STATE & ORS 161SBCWP NO.2554/2010 GANGA SINGH STATE & ORS 162SBCWP NO.2561/2010 SHRI BHURA RAM STATE & ORS CHOYAL 163SBCWP NO.2563/2010 MANISHA SHARMA & STATE & ORS ORS 4 164SBCWP NO.2564/2010 MATU RAM & ORS STATE & ORS 165SBCWP NO.2568/2010 SMT. MAMTA KALRA STATE & ORS 166SBCWP NO.2573/2010 MOHAN SINGH STATE & ORS RAJPUROHIT 167SBCWP NO.2606/2010 BHANWAR LAL GADRI STATE & ORS 168SBCWP NO.2607/2010 MUKESH KUMAR & ORS STATE & ORS 169SBCWP NO.2608/2010 ANJU PALIWAL STATE & ORS 170SBCWP NO.2610/2010 SMT. JYOTI SAXENA STATE & ORS 171SBCWP NO.2616/2010 SANGEETA JAIN STATE & ORS 172SBCWP NO.2620/2010 BAL MUKAND VYAS RAJ. STATE INDU. AND INVE. CORP.& ANR 173SBCWP NO.2637/2010 HOSIYAR SINGH STATE & ORS 174SBCWP NO.2664/2010 MUKESH KUMAR STATE & ORS 175SBCWP NO.2667/2010 NILIMA JAIN STATE & ORS 176SBCWP NO.2674/2010 CHANDAN SINGH STATE & ORS 177SBCWP NO.2675/2010 BABU LAL STATE & ORS 178SBCWP NO.2676/2010 DILIP KUMAR STATE & ORS 179SBCWP NO.2677/2010 PRATAP RAM STATE & ORS 180SBCWP NO.2691/2010 KISHNA RAM & ORS. STATE & ORS 181SBCWP NO.2692/2010 RAMESH CHANDRA STATE & ORS PATIDAR 182SBCWP NO.2693/2010 RAM PRAKASH SHARMA STATE & ORS 183SBCWP NO.2695/2010 MUKESH KUMAR & ORS. STATE & ORS 184SBCWP NO.2706/2010 IFTEKHAR ALAM STATE & ORS 185SBCWP NO.2731/2010 GAYATRI SHARMA STATE & ORS 186SBCWP NO.2748/2010 VISHAN SINGH & ORS. STATE & ORS 187SBCWP NO.2762/2010 SHANKAR LAL & ORS STATE & ORS 188SBCWP NO.6236/2008 SURENDRA KUMAR STATE & ORS MAHAWAR, 189SBCWP NO.6383/2008 MUKESH KUMAR STATE & ORS 190SBCWP NO.6728/2008 DINESH PALIWAL STATE & ORS 191SBCWP NO.8172/2008 HAR LAL SINGH JAT STATE & ORS 192SBCWP NO.8173/2008 KALURAM BALAI STATE & ORS 193SBCWP NO.8174/2008 MAHENDRA JAT STATE & ORS 194SBCWP NO.9031/2008 MS. TAJWAR SULTANA STATE & ORS 195SBCWP NO.272/2009 TARA CHANDRA STATE & ORS 196SBCWP NO.8180/2009 RAM SUKH MIRDHA STATE & ORS 197SBCWP NO.1004/2010 PRAVEEN KUMAR STATE & ORS PUROHIT 198SBCWP NO.1743/2010 LALA RAM JAT STATE & ORS 199SBCWP NO.2320/2010 SMT. REETA VYAS STATE & ORS 200SBCWP NO.2773/2010 RAJENDRA KUMAR STATE & ORS NANDEWAL 201SBCWP NO.2783/2010 SHIV PRAKASH MARU STATE & ORS 202SBCWP NO.2784/2010 SMT. VIMLA DEVI STATE & ORS 203SBCWP NO.2792/2010 LUNA RAM & ORS STATE & ORS 204SBCWP NO.2793/2010 KHUSHAL SINGH STATE & ORS SHEKHAWAT & ORS.

205SBCWP NO.2799/2010 BHANWARI KUMARI GIRI STATE & ORS & ANR.

206SBCWP NO.2803/2010 PRAVEEN KUMAR STATE & ORS SHARMA 207SBCWP NO.2804/2010 ROSHANLAL KUMHAR STATE & ORS 208SBCWP NO.2805/2010 SMT. DHIRAJ KUMARI STATE & ORS 209SBCWP NO.2806/2010 DINESH KUMAR STATE & ORS KHATEEK 210SBCWP NO.7620/2010 SHURVEER SINGH STATE & ORS RATHORE 211SBCWP NO.2274/2010 SMT. KAMLA STATE & ORS 212SBCWP NO.6880/2008 SHALINI BISHNOI STATE & ORS 213SBCWP NO.8913/2008 MURARILAL SHARMA STATE & ORS Date of Order dated 19.3.2010 5 HON'BLE MR. PRAKASH TATIA, J.

S/Sh. Hemant Dutt, NR Choudhary, Farzand Ali, CS Nandora, BS Kohinoor, Mukesh Rajpurohit, Parmendra Bohra, PR Mehta, AD Charan, PS chundawat, AK Choudhary, HS Sidhu, Arjun Purohit, MS Godara, DK Gaur, SP Sharma, MA Siddiqui, Kamal Dave, Rajesh Choudhary, Kuldeep Mathur, Rakesh Arora, RC Jodhi, Sambhoo Singh, Vijay Raj Bishnoi, Sandeep Saruparia, Kailash Khatri, Mahendra Bishnoi, Rajesh Shah, RS Choudhary, Rakesh Matoriya, Arujun Purohit, Ravindra Singh, SR Bamaniya, Vineet Sanadaya, Moti Singh, TS Champawat, Mahendra Trivedi, Bharat Devasi, Suman Porwal, Rajeet Joshi, Kuldeep Mathur, PP Choudhary, P. Nayak, BS Deora, Yogesh Sharma, IJ Yadav, BL Choudhary, RS Chuahan, Sunil Beniwal, KC Choudhary, PS Bhati, BK Vyas, Harish Purohit, GJ Gupta, RJ Punia, Rohitash Singh, MP Choudhary, Manish Pithalia, KC Choudhary, Vinay Jain, Manoj Joshi, HS Choudhary, RP Singaria, Pradeep Shah, Pukhraj Choudhary, Arjun Purohit, VK Sharma, Brijesh Pareek, Rajat Dave, Anurag Sukhala, CS Kotwani, RS Saluja, Vishal Sarswat, Sanjay Mathur, PS Chundwat, MP Choudhary, Shyam S Khatri, Sanjeet Purohit, Pintu Pareek, SP Sharma, DK Gaur, SK Punia, Sunil Rawala andDeepak Nehra, for the petitioner(s).

Mr.RL Jangid, Addl. Advocate General with Mr.Rajesh Bhati and Mr.Nimesh Suthar for the respondent-State.

<><><> Learned counsel for the petitioners submitted that the controversy involved in these writ petitions has already been decided by the Coordinate Bench of this Court vide judgment dated 27.1.2010 delivered in SBCWP No.8497/2008 Manglaram & Ors. Vs. State of Rajasthan & Ors. which was decided with other connected writ petitions. It is submitted by learned counsel for the petitioners that the present writ petitions may 6 also be decided in the light of the decision dated 27.1.2010 and same directions may be issued.

Learned counsel for the State submitted that there are several objections which are (i) the person who gave birth to child after cut off date and who had two children already is not an eligible candidate, (ii) some of the candidates were lacking experience, (iii) some of the candidates were over age and (iv) some of the candidates claimed benefit on the basis of their experience of working as Prerak. So far as other cases are concerned, the similar directions can be issued in the light of the decision given in judgment dated 27.1.2010.

Learned counsel for the petitioners submitted that in fact there is no necessity to go into all above objections in view of the direction no.2 given by the Coordinate Bench of this Court in the judgment dated 27.1.2010, which clearly provides that those petitioners who are not found to be eligible for any other reason then reasons may be assigned and be communicated to each of the petitioner so that if he feels aggrieved, he may avail the remedy under the law obviously for redressal of his grievance. It is also submitted that for completion of process three month's time has already been granted by the order of this court dated 27.1.2010. Therefore, all these writ petitions may also be disposed of wherein the above objections of State are there.

I considered the submissions of learned counsel for the parties and in view of the fact that this court has already decided the controversy and issued directions to the respondents, therefore, these writ petitions are also disposed of in terms of the said judgment dated 27.1.2010 and it is made clear that the State Government's any plea that candidature was rejected on 7 the ground of birth of child after cut off date to a candidate who had two children already, the candidature was rejected on the ground of lack of experience required, the candidate was over age and the candidate could not have been given relief because the experience gained while serving as Prerak is not fulfilling the requisite qualification for the appointment to the post of Prabodak are also the reasons already included in the directions issued by this Court in judgment dated 27.1.2010 in second direction. Therefore and otherwise also, there is no reason to deny opportunity to the petitioners for submitting their representation with respect to any objection referred above also so that their objection can be decided by the respondents in accordance with rules applicable for the purpose of giving appointment on the post of Prabodak.

Hundreds of writ petitions have been decided by this Court (Jaipur Bench) by order dated 27.1.2010 passed in SBCWP No.4053/2008 (Bhupesh Kumar & Ors. vs. STATE. & Ors.) along with 197 connected writ petitions and following that decision, this Court (by me) also allowed hundreds of writ petitions by various orders, one of the orders being order dated 10.2.2010 passed in SBCWP No.930/2010 (Mahendra Singh Solanki vs. State & Ors.).

After the judgment dated 27.1.2010 delivered in the case of Bhupesh Kumar (supra), there were some doubts in the mind of the respondents, therefore, it was clarified that all objections which could have been about the candidature of any of the petitioner may also be examined by the concerned authority which is already covered in para no.2 of the directions issued in the judgment dated 27.1.2010 and was made clear further in the judgment dated 10.2.2010.

However, learned AAG Mr.RL Jangid submits that during this process, the concerned authority is required to examine the genuineness of the documents as well as will have to examine the effect of various judgments and it will be difficult for the concerned authority to interpret the judgments. It is also submitted that some of the petitioners may have filed different documents in the writ petition itself than the documents which have been submitted before the concerned authority for obtaining the appointment on the post of Prabhodhak.

Since some of the judgments have already been referred in the judgment dated 27.1.2010 and have been quoted also making the legal position clear, therefore, there cannot be any difficulty for the concerned authority in following the decisions of this Court referred above and also the decisions which have been passed subsequently, if produced by the candidate, if his case is covered by any other judgment.

So far as genuineness of the documents is concerned, that is to be examined by the authority concerned and otherwise also, that is the duty of the concerned authority before giving any appointment. The documents which have already been submitted along with the application for appointment shall be considered by the authority concerned and he may also look into the genuineness of the documents and for that purpose, this Court do not find any reason to issue directions to the concerned authority and at the cost of repetition, it is stated that in every case of appointment, it is the duty of the concerned authority to examine all the relevant documents before giving appointment in Government service. Therefore, this issue can be well examined by the concerned authority case wise instead of deciding these 9 questions of facts here in writ jurisdiction straightaway as in the writ petitions, photostat copies of the documents are filed wherein there may be some misprint or discrepancy and the officer may look into the original documents to find out the genuineness of the documents.

It is also made clear that the directions issued in the judgments dated 27.1.2010 and subsequently directing the respondents to consider the candidature of the petitioners, apply to those candidates who submitted their applications in time pursuant to the advertisement dated 31.5.2008.

In view of the above reasons, these writ petitions are disposed of in terms of the same directions as given in judgment dated 27.1.2010 and it is made clear that the petitioners will be free to submit their representation within a period of two week's time so that the entire exercise may be completed within the time granted by the judgment dated 27.1.2010. Directions as given in judgment dated 27.1.2010:

(i) Respondents are directed to first prepare list of writ petitioners whose applications were received by the respondents in respective districts, and who were not called for interview for the reasons that there was summer break resulting in discontinuance of experience for five years, or experience certificate has not been verified, may be called for interview and this exercise be completed within two months;

and simultaneously, petitioners may also contact the office of the concerned authority; and

(ii) such of petitioners who are not found to be eligible for any other reason, may be assigned and communicated to each of them, to which if he feels aggrieved, will be free to avail of remedy under the law.

(iii) After completion of exercise referred to in para 10

(i) &(ii) (supra), further process be initiated for finalizing merit list of respective districts and such petitioners may be considered for appointment if find place in order of merit in their respective district against advertised vacancies including those duly revised by subsequent corrigendum to advertisement dated 31.5.2008, within a period of three months thereafter in accordance with Rules, 2008 and in the light of judgments of this court (supra).

[PRAKASH TATIA], J.

mlt/s.phophalia/cpgoyal 11 S.B. CIVIL WRIT PETITION NO.

Date of Order dated 19.3.2010 HON'BLE MR. PRAKASH TATIA, J.

Mr.RL Jangid, Addl. Advocate General with Mr.Rajesh Bhati and Mr.Nimesh Suthar for the respondent-State.

<><><> This writ petition is disposed of. [see separate judgment in SBCWP No.2198/2010- Rana Ram Vs. State & Ors., decided today itself, i.e., 19.3.2010.

By order Court Master.

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