Rajasthan High Court - Jodhpur
Inderpal vs The State Of Rajasthan on 4 June, 2020
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4254/2020 Inderpal S/o Shri Prithvi Raj, Aged About 35 Years, R/o H-3-B, Kanta Khaturiya Colony, Bikaner (Raj.). Mobile Number- 8104720750.
----Petitioner Versus
1. The State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Services, Secretariat, Jaipur.
2. Additional Director (Admn.), Medical And Health Services, Health Bhawan, Jaipur.
3. The Joint Director, Medical And Health Services, Zone Bikaner.
4. The Chief Medical And Health Officer, Bikaner.
----Respondents For Petitioner(s) : Mr. Yashpal Khileree, through Jitsi Meet App For Respondent(s) : Mr. K.S. Rajpurohit, through Jitsi Meet App JUSTICE DINESH MEHTA Order 04/06/2020
1. The petitioner, an OBC Category candidate, has preferred the present writ petition inter alia raising a grievance that though he has secured 75.010 marks, yet he has not been given appointment, whereas candidate of the same category having secured 72.321 marks, has been given appointment.
2. Mr. Khileree asserted that the petitioner has appeared for document verification thrice, yet appointment order has not (Downloaded on 04/06/2020 at 08:40:36 PM) (2 of 3) [CW-4254/2020] been issued to him. No reason has been assigned for denying him the appointment.
3. Mr. K.S. Rajpurohit, learned Additional Advocate General, appearing for the respondents, submitted that true it is, that appointments have been issued to some of the candidates but others/remaining selected candidates have not been denied appointment. He apprised that in view of the Government order dated 28.04.2020, appointments to persons working on PPP Mode; OBC-NCL Category; Widow; Divorcee; PH Category Candidates have not been given as certain verifications are pending qua those candidates as has been indicated in point No.18 at page No.80 and point No.9 at page No.81.
4. At this juncture, Mr. Khileree, learned counsel for the petitioner interjected and inviting Court's attention towards order dated 28.04.2020 submitted that said order does not provide that appointment order will not be issued to the persons working on PPP Mode; rather it contemplates that persons working on PPP mode will be offered appointment and would be asked to work at the same places/centers they have been working under PPP mode.
5. Prima facie, submissions made by Mr. Khileree appears to be correct. Upon perusal of order dated 28.04.2020, it is evident that State's intention is/was to accord appointment to the persons working on PPP Mode.
6. Mr. Rajpurohit asserts that no person working under PPP mode has been accorded appointment under the subject recruitment.
7. Mr. Rajpurohit, learned Additional Advocate General, informs that the State is in the process of issuing appointment (Downloaded on 04/06/2020 at 08:40:36 PM) (3 of 3) [CW-4254/2020] orders to remaining candidates including candidates belonging to PPP Mode.
8. Be that as it may, in view of the categorical statement given by Mr. K.S. Rajpurohit, learned Additional Advocate General that the appointments have not been offered to the persons working on PPP Mode and that appointment orders will be issued, this Court does not feel it appropriate to give categorical direction to issue appointment order to the petitioner at this stage' because, candidature of other candidates belonging to petitioner's category is still pending consideration, as stated on behalf of the State.
9. In this view of the matter, the present writ petition is disposed of with a direction to the respondent-State to issue appointment orders to remaining candidates, including the petitioner, subject of course fulfilling other eligibility criteria. The needful be done as early as possible preferably by 31.10.2020.
10. The petitioner and other candidates shall be given appropriate notional benefit and seniority, as delay is attributable to the respondents.
11. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J 43-skm/-
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