Rajasthan High Court - Jodhpur
Premaram Goyal vs State Of Raj. & Ors on 27 May, 2009
Author: Prakash Tatia
Bench: Prakash Tatia
SBCWP No.1244/2009
Smt. Randeep Kaur Vs. State of Raj. & Ors
alongwith other connected GNM matters.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
:::
ORDER
S.B. Civil Writ Petition No. 1244/2009 SMT. RANDEEP KAUR VS. STATE OF RAJ. & ORS.
S.B. Civil Writ Petition No. 1680/2009 SHOBHA RAM VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1681/2009 JAGDISH BISHNOI VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1682/2009 KANA RAM VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1928/2009 LICHHAMAN RAM VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1929/2009 KUNDANMAL SHARMA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1934/2009 ANIL KUMAR & ORS.
VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2006/2009 SMT. NOORJHAN MANSURI VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2358/2009 MUKESH CHANDRA JAT VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2359/2009 BHUPENDRA SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2360/2009 SMT. LEELA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2361/2009 SMT. URMILA JAT VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2362/2009 RAHUL V NAIR VS. STATE OF RAJ. & ORS SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters. -2- S.B. Civil Writ Petition No. 2363/2009 JAGDISH CHANDRA LOHAR VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2366/2009 AZAD AHMED DYER VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2367/2009 DEVENDRA PAL SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2368/2009 LALIT SINGH CHARAN VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2369/2009 RAJENDRA SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2027/2009 NARAYAN DAS GOYAL VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2028/2009 GHANSHYAM SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2029/2009 SUNIL KUMAR VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2030/2009 UGAM SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2031/2009 NIRANJAN SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2032/2009 HUKAM SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2033/2009 MAHADAN SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2034/2009 PREMARAM GOYAL VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2058/2009 GOVIND SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2059/2009 ALLARAKHA VS. STATE OF RAJ. & ORS SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters. -3- S.B. Civil Writ Petition No. 2060/2009 NARESH SHARMA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2061/2009 TARUN SHARMA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2077/2009 DURG SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2549/2009 JAI PRAKASH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2100/2009 RAKESH KUMAR VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2092/2009 MANDEEP SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2093/2009 SUNITA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2094/2009 SUBHASH CHANDRA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2095/2009 SUNNY CHARAYA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2101/2009 SUNIL KUMAR VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2102/2009 KULVINDER SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2103/2009 SAPNA CHOUDHARY VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2107/2009 SUMITA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2108/2009 KAPIL DEV VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2254/2009 VINOD KUMAR NAI VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2255/2009 ANUPAMA SHARMA VS. STATE OF RAJ. & ORS SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters. -4- S.B. Civil Writ Petition No. 2256/2009 MAHESH KUMAR PATIDAR VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2257/2009 DILIP VAIRAGI VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2258/2009 PRAKASH CHAUDHARY VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2313/2009 KANA RAM VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2314/2009 UMA SHANKER RAV VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2315/2009 SUNIL KUMAR VAISHNAV VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2316/2009 VIVEK BHATT VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2317/2009 ANJANA MOUD VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2318/2009 RAJENDRA SINGH RAJPUT VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2319/2009 PUSHPA VIJAIVARGYA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2886/2009 VINAY CHANDRA SAHU VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2930/2009 VINOD KUMAR PANDEY VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2115/2009 PRADEEP SINGH INDA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2116/2009 YASHPAL SINGH RATHORE VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2117/2009 TEJPAL SINGH SISODIA VS. STATE OF RAJ. & ORS SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters. -5- S.B. Civil Writ Petition No. 2118/2009 MAHIPAL SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2120/2009 MUSTAK ALI VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2121/2009 KALYAN SINGH DEORA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2122/2009 MAHAVEER SINGH DEORA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2123/2009 FATEH SINGH BHATI VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2124/2009 PRAVEEN SINGH GOYAL VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2125/2009 SHAILENDRA SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2157/2009 TEJ RAJ GURJAR VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2178/2009 ANIL KUMAR PARIHAR VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2179/2009 RAM NARAYAN PATEL VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2180/2009 MANOJ LAL MISHTRI VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2181/2009 POORAN SINGH DEOL VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2182/2009 KULDEEP SINGH DEOL VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2183/2009 RUSHTAM KHAN VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2333/2009 IRFAN KHAN VS. STATE OF RAJ. & ORS SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters. -6- S.B. Civil Writ Petition No. 2850/2009 JAGTAP JAYSHREE SUDHAKAR VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2851/2009 ABHIMANYU SINGH RATHORE VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2885/2009 KISHAN SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2104/2009 MS. ANJLINA ARWALD VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2904/2009 GOPAL VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2905/2009 RAJU RAM JAJRA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2964/2009 AJAY SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2965/2009 RANJEET VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2966/2009 NEMI CHAND VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 3074/2009 PARAS MAL VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 3175/2009 RAMESH SARAN VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 3176/2009 RAM NIWAS SANKHLA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 3198/2009 KRISHAN KUMAR CHOUDHARY VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 3199/2009 SUNIL BENIWAL VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 3993/2009 RAMNIWAS VS. STATE OF RAJASTHAN & ORS S.B. Civil Writ Petition No. 1667/2009 RAM NIWAS VS. STATE OF RAJ. & ORS SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters. -7- S.B. Civil Writ Petition No. 1668/2009 DINESH KATANIA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1669/2009 GEETA LOMROD VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1670/2009 FATEH SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1671/2009 PRADEEP KUMAR SHARMA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1672/2009 MOHANI LOMROD VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1673/2009 LEELA DEVI VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1674/2009 SHAITAN RAM KADWASARA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1675/2009 GANPAT LAL VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1676/2009 PINKI LOMROD VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1677/2009 MAHENDRA SINGH VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1678/2009 SMT. SANTOSH DEVI VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 1679/2009 MADAN SINGH BENDA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 4253/2009 HAJI MOHAMMED VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 4254/2009 SUHABUDDIN KHAN GAURI VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 4255/2009 LOKESH KUMAR OJHA VS. STATE OF RAJ. & ORS SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters. -8- S.B. Civil Writ Petition No. 4256/2009 SHRAWAN KUMAR KARWASARA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 4268/2009 BHIYA RAM VS. STATE OF RAJ. & ANR S.B. Civil Writ Petition No. 2134/2009 RAJVINDER KAUR VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2135/2009 NAFISA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2136/2009 SAJJAN KUMAR VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2137/2009 DHARAMVEER VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2138/2009 RAJNEESH KUMAR VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2139/2009 LEENA GUPTA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2140/2009 TRIPATI RANI VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2141/2009 VEENA KUMARI VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2142/2009 KARAMJEET KAUR VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2144/2009 SANDEEP KUMAR VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2342/2009 DINESH KUMAR VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2343/2009 SAROJ VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 2454/2009 RAJESH KUMAR VS. STATE OF RAJ. & ORS SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters. -9- S.B. Civil Writ Petition No. 2842/2009 SUBHASH RAM VS. STATE OF RAJ. & ANR S.B. Civil Writ Petition No. 3119/2009 CHANDRAKALA VS. STATE OF RAJ. & ANR S.B. Civil Writ Petition No. 4553/2009 TARA SOLANKI VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 4554/2009 SMT. SUNITA ARYA VS. STATE OF RAJ. & ORS S.B. Civil Writ Petition No. 5106/2009 MOOL SINGH CHOUHAN Vs. STATE & ORS S.B. Civil Writ Petition No. 5107/2009 ASHOK KUMAR Vs. STATE & ORS S.B. Civil Writ Petition No. 5081/2009 SHIV PRAKASH SINGH Vs. STATE & ORS S.B. Civil Writ Petition No. 1846/2009 JIVAN PAL SINGH VS. STATE & ORS S.B. Civil Writ Petition No. 5571/2009 CHAMPA RAM VS. STATE & ORS S.B. Civil Writ Petition No. 5573/2009 MALA RAM VS. STATE & ORS S.B. Civil Writ Petition No. 5574/2009 GAIN SINGH VIDA VS. STATE & ORS S.B. Civil Writ Petition No. 5575/2009 YOGESH KUMAR VERMA VS. STATE & ORS S.B. Civil Writ Petition No. 5576/2009 LAXMAN SINGH SONI VS. STATE & ORS S.B. Civil Writ Petition No. 5577/2009 BHAGIRATH SINGH VS. STATE & ORS S.B. Civil Writ Petition No. 5579/2009 HANS KUMAR VERMA VS. STATE & ORS S.B. Civil Writ Petition No. 5580/2009 RAM KUMAR CHOUDHARY VS. STATE & ORS SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters. -10- S.B. Civil Writ Petition No. 4987/2009 GANESH BHAMBHU VS. STATE & ORS S.B. Civil Writ Petition No. 5058/2009 SMT. KAVITA RANI VS. STATE & ORS S.B. Civil Writ Petition No. 2650/2009 SHURVEER SINGH VS. STATE & ORS S.B. Civil Writ Petition No. 5465/2009 SMT. NIRMLA VS. STATE & ORS DATE OF ORDER :: 28.5.2009 PRESENT HON'BLE MR. PRAKASH TATIA, J.
S/Sh. JS Choudhary, AK Bishoni, BR Choudhary, Pradeep Choudhary, SS Choudhary, Tarun Dhaka, Yogesh Sharma, Ashvini Swami, SG Ojha, RN Upadhyay, PS Chundawat, Deelip Kawadia, RS Mankad, GS Rathore, Mukesh Rajpurohit, RC Joshi, Rajesh Shah, Shambhoo Singh, Bharat Shrimali, Bharat Devasi, OP Kumawat, JR Beniwal, Sunil Beniwal Hanuman Singh, Manoj Purohit, RS Choudhary BR Chahar JR Chawel, SS Gaur, SNS Rajpurohit, Yogesh Sharma and Mahipal Rajpurohit Mr.RL Jangid, Addl. Advocate General. Mr.YP Khileri, Dy. GA.
<><><> Heard learned counsel for the parties. These writ petitions involved following questions : -
"(i) Whether the respondent-State was justified in preparing the list of selected candidates Districtwise for the appointment to the post of GNM/Nurse Grade-II or the State should have prepared the merit list Statewise?
(ii) Whether the persons who were having more marks SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters.
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in merit if the list is prepared Statewise have been denied appointment wrongly?
(iii) Whether while giving appointment to the post of GNM/Nurse Grade-II due regard was not given to the reservation policy? And lastly
(iv) Whether the persons who were selected in the Districtwise seniority and have not joined are entitled to the appointment to the post of GNM/Nurse Grade-II merely because of the reason that the writ petition of several writ petitioners have been allowed by the Jaipur Bench of this court while deciding SBCWP No.4298/2008 and connected 110 writ petitions or because of this judgment?
The brief facts which have already been taken note of in judgment delivered by Jaipur Bench of this Court in SBCWP No.4298/2008 and connected 110 writ petitions dated 15th May, 2009 may be recapitulated here:
Under the National Rural Health Mission (NRHM) a notification inviting applications for appointment of 2500 General Nurse and Mid Wife (GNM) in Sub-Health Centres in 24 Districts was issued. In this selection, the appointments were to be made at District level and the candidates of the respective Districts were to be given preference. Thereafter, second advertisement was issued on 8.8.2007 for 6172 GNM posts on the same terms SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters.
-12- and conditions. On 25.8.2007 an amended notification was issued wherein it was stated that merit list will be prepared at State level. Then again on 21.1.2008 another amended notification was issued wherein it was stated that merit list will be prepared at the District level. The said order dated 21.1.2008 of District Level selection was challenged by some of the candidates and out of which one was Shri Demaram whose writ petition no.1120/2008 was allowed by the Single Bench of this Court and corrigendum dated 21.1.2008 was set aside and earlier corrigendum dated 25.8.2007 of the State level was maintained on the ground that District level selection and preference of the District will be discriminatory and no merit can be prepared at District level in view of the judgment of the Hon'ble Superme Court delivered in the case of Rajesh Kumar Gupta & Ors. Vs. State of UP & Ors reported in 2005(5) SCC 172. Following the judgment of Dema Ram's case the writ petitions which were filed at Principal Seat of the High Court were also allowed by deciding several writ petitions by judgment dated 16th May, 2008. The above judgments were again followed in Santh Lal Yadav & Ors Vs. State & Ors passed in SBCWP No.741/2008 and the said judgment was also followed in respect to the appointment to the SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters.
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In all the aforesaid writ petitions some of the candidates have been appointed either as Nurse Grade-II/GNM/ANM prior to issuance of notification dated 4th May, 2007, but all of them have applied under advertisement dated 4th May, 2007 and 8.8.2007. These persons claimed that they are more meritorious and person lower in merit have been appointed by the respondents in the State merit list which was prepared on 28.2.2009 after issuing provisional merit list and inviting of the objections.
One of the issue raised in several writ petitions was that whether ad hoc employee can be allowed to substitute by another fresh ad hoc employee. In SBCWP No.4298/2008 after hearing the parties it has been held as under: -
"......the petitioner(s) cannot be allowed to raise the submission of substitution of adhoc employee by another fresh adhoc employee on contract basis for the simple reason that they have not challenged the advertisement at the relevant time and further they have participated in the selection process and when their name did not find place in the State merit list, they have raised the said ground. The law is well settled on the issue that having participated in the selection process, it is not open for the unsuccessful candidates/employees to challenge the same...."
So far as preparation of the merit list Districtwise is concerned, it has been held as under: - SBCWP No.1244/2009
Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters.
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"As regard these particular cases, there are 3 judgments of this Court namely Dema Ram Choudhary, Dinesh Kumar and Santh Lal Yadav & Ors. to prepare the merit list on State level and I respectfully agree with the said judgments".
And further held as under: -
"As regard the judgment of the Supreme Court reported in 2008(12), 1 titled as Balbir Kaur and Another Vs. U.P.Secondary Education Services Selection Board, Allahabad & Another, it has been held that unless the district wise selection proved to be discriminatory it is not per se violative of the equality principle in Articles 14 and 16 of the Constitution. Here, in the instant case the preference to the resident of the district was given in the district level selection, therefore, the same was held to be discriminatory by this Court in the judgment of Dema Ram Choudhary, Dinesh Kumar and Santh Lal Yadav & Ors."
Then Ultimately, the writ petitions were decided with following directions: -
"However, there are chances that the name of the petitioner(s) may appear in the State merit list, therefore, all the writ petition except Sharmila Paneri are disposed of with a direction to the respondents that in case the name of the petitioner(s) stand in the State merit list dated 28.02.2009 of G.N.M. and the advertised vacancies are available then they may be given appointment as per their merit even if the less meritorious persons are continuing, then they have to make room for the petitioner(s) whose name stands higher on merit in State merit list".
In some and substance the State's seniority list prepared Statewise was upheld and Districtwise seniority was declared discriminatory. Therefore, the question no.(i) framed above has SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters. -15- already been answered by the judgment delivered in SBCWP No.4298/2008 and connected writ petitions vide judgment dated 15th May, 2009 and the Statewise seniority shall prevail.
The question no.(ii) also stand answered by the same judgment referred above and the persons who were having high marks in merit in Statewise seniority list they are entitled to be appointed above the persons who have been given appointment having less marks to the concerned petitioners.
Learned counsel for the petitioner do not press the question no.(iii) regarding their objection to the non- implementation of the reservation policy. Therefore, question no.
(iii) is decided against the petitioners.
Now the question arises whether any candidate whose name was in select list prepared Districtwise and has not joined on the post inspite of his being selected whether he is entitled to claim his right on the post on the ground that now in the seniority list prepared Statewise and in State seniority list his name has been shown at the place of his rank in merit list and therefore he is entitled to appointment. Answer is in negative because of the plain and simple reason that in process of selection if one was entitled to the job after due selection and SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters. -16- has not joined on the post and thereby abandoned his claim to the post cannot get a new right for appointment on the post because of the reason that some judgment has been delivered in another writ petitioner's case resulting into re-preparation of the merit list. Such candidates' abandonment to the claim on the post stand concludedly abandoned with his not joining his post. At this juncture, it will be worthwhile to mention here that learned Addl. Advocate General pointed out that an order was passed by the State Government on 18th May, 2009 whereby it has been conveyed that because of the interim order passed in SBCWP No.2264/209 dated 2nd March, 2009 and because of the operation of the Code of Conduct due to General Election for Parliament the joining date for the selected candidates was extended upto 25th May, 2009 and since now the interim order passed by the Jaipur Bench of the Rajasthan High court has come to an end, therefore, the joining period for the candidates is extended from 25th May, 2009 to 8th June, 2009 and, therefore, those selected candidates who could not join the duties because of the Code of Conduct for Election now they may be permitted to join the duties. The candidates covered by the said order of the State Government dated 18th May, 2009 since SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters. -17- have not abandoned their claim and could not join the duties because of the reason beyond their control, therefore, their cases is not covered under the category of the candidates who abandoned the claim to the post and, therefore, they can be allowed to join the duties provided they are already in select list.
It has also been specifically pointed out by learned Addl. Advocate General that the select list has already been placed on the Net so that every candidate can get the complete information about his placement in the merit list prepared Statewise.
In view of the above, the candidates who are claiming that their rank is higher to any person whose names is in the select list and such candidates' name is not in the select list inspite of his being having more marks than the candidate whose name has been shown in the merit list, may submit his representation within a period of 15 days from today upon which the respondents may consider the representation and may pass appropriate orders expeditiously preferably within a period of one month thereafter.
In view of the above observations, these writ petitions are disposed of in the light of the decision given in SBCWP No.4298/2008 and connected writ petitions decided by the SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters. -18- judgment dated 15th May, 2009 with the direction to the State Government to see that all meritorious persons whose names are in the select list already prepared or who are entitled to be placed at proper place in the merit list, they be given their due place in the merit list upon submitting a proper representation by concerned aspirant to the State Government within a period of 15 days from today and the representation may be considered and result may be communicated to the said aspirant. The effect of this order will not be reopening of all cases wherein the candidates who were declared selected in any list have not join the duties in time and abandon their claims and against those vacancies there was no order for extension of the joining period passed by the competent authority like order dated 18th May, 2009, copy of which has been placed on record in SBCWP No.1244/2009 then the persons who abandoned their claims by their own shall not be entitled to any benefit because of the judgment passed in the writ petitions of the petitioners. Since all the writ petitions are being disposed of, therefore, the petitioners who are working on the post by virtue of interim order passed by this Court shall not be entitled to continue on the post after their name are not found in the Statewise merit list to be prepared SBCWP No.1244/2009 Smt. Randeep Kaur Vs. State of Raj. & Ors alongwith other connected GNM matters. -19- after considering the representation of the petitioners.
(PRAKASH TATIA), J.
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