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                         (10 of 42)                                 [SAW-1733/2018]


5.   Selection,   (to    the    vacancies        in    the      cadre    of   Safai

Karamcharis) in the first phase from amongst open category and Scheduled Caste candidates was challenged; by an order dated 19th January, 2016, this Court declared the bifurcation of two categories for recruitment in the first phase, was illegal and unconstitutional. The State was restrained from providing any reservation of posts to 'Valmiki' and 'Hela' Societies, in the name of preference. It was further held that appointment by lottery system introduced by the amendment to the rules could not be applied to recruitment process initiated vide advertisement dated 25th May, 2012. Consequently, the selections made through lottery system in the year 2012, were declared illegal. A Division Bench of this Court in Amit Gujarati and Ors. Vs. State of Rajasthan and Ors: (DBCWP No. 14059/2015, decided on 19-05- 2016), observed that the recruitment process initiated by advertisement dated 25-05-2012, applying amended provision made on 23rd January, 2014, was illegal, and directed the Municipal Corporation, Jaipur, to proceed with the recruitment process according to the Rules in vogue on the date of advertisement, if the recruitment process was required to be proceeded further. On 19th December, 2017, however, another bench of this Court in Lalit Kumar & Ors. v Principal Secretary to the Govt. & Ors. (SBCWP No. 11914/2015), in the backdrop of observations made by the Division Bench in the case of Amit Gujarati & Ors. (supra), keeping in view the dearth of Safai Karamcharis, directed all the Municipal Corporations to proceed with appointment in terms of selection already made under the advertisement dated 25th May, 2012, forthwith. Selections made in some municipalities were found to be plagued by irregularities; in some cases such selections were cancelled. In relation to Ajmer, the writ application(s) challenging such cancellations, were dismissed. However, in intra-court appeals preferred, it surfaced that in some cases appointments were made on the basis of wrong or forged experience certificates; the court held however that for these individual lapses or irregularities, the entire selection process would not have been cancelled. The court therefore directed the State to complete the selection process (11 of 42) [SAW-1733/2018] within a period of two months by proper scrutiny of the documents/certificates, separating the tainted from untainted. If sufficient number of eligible candidates were not available an advertisement was required to be issued afresh immediately. In the meanwhile, Rules of 2012 were amended.

6. The State in the circumstances, issued advertisement dated 13th April, 2018, for recruitment of 'Safai Karamchari' urgently withdrawing the unfilled vacancies for which the recruitment process was initiated by advertisement dated 25th and 31st May, 2012, and appointments could not be made even after conclusion of selection process. However, the applicants of recruitment process of 2012, were to be considered in the selection process involved herein, without submission of application forms afresh, and with relaxation of age. The recruitment process became the subject matter of challenge in Akhil Bhartiya Valmiki Samaj Arakshan Samajik Shodh and Vikas Samiti Vs. The State of Rajasthan and Ors. (DBCWP No. 13187/2018) challenging the legality and validity of the Notification dated 23rd January, 2014, amending Rule 9 of the Rules, 2012, by induction of lottery system as one of the criterion for recruitment. The writ petition was dismissed on 13th July, 2018, upholding the legality and validity of the Notification dated 23rd January, 2014. The said judgment upheld recruitment by adoption of the lottery system.

9. The State relied upon a Division Bench ruling in Akhil Bhartiya Valmiki Samaj Arakshan Samajik Shodh & Vikas Samiti (D.B. Civil Writ No. 13187/2018 Decided on 13.07.2018) and justified the adoption of lottery system for selection and recruitment to the vacancies. It was submitted that there is no rule barring consideration of reserved category candidates against general category vacancies; the State had relied upon the rule of migration, in terms of which if candidates applying under a reserved category are sufficiently merited in the selection process, their appointments would be against general vacancies, thus freeing the vacancies for reserved category candidates. Thus, it was submitted that after filling up of posts in the reserved category, the left-over candidates had a right to be considered against the general vacancies. The State emphasizes here that unlike in the case of other recruitment, no skill was tested; the recruitment process did not involve the written test or interview. As it was based upon chance, the provision for another opportunity to reserved category candidates against general vacancies could not be denied. The State relied upon Madan Mohan Sharma & Anr. Vs. State of Rajasthan & Ors., (2008) 3 (13 of 42) [SAW-1733/2018] SCC 724 and urged that merger of vacancies was not contrary to law. It also highlighted that no candidate or applicant who participated in the recruitment process in 2012 was prejudiced because candidature of each, who could not be appointed, was considered.

22. Learned counsel for petitioner has even made the reference of Valmiki Samaj occupied in the job of cleaning work.

23. It is submitted that members of the Valmiki Samaj are doing cleaning working for last many decades thus it has become their traditional job. By evolving method of lottery, they may be deprived to get appointment on the post of Safai Karamchari affecting their traditional work. We find argument to be counterproductive, rather, damaging to the (25 of 42) [SAW-1733/2018] Valmiki Samaj itself. If we accept the plea about traditional work of safai by Valmiki Sajaj then it would mean that members should not go for other jobs. It is even when they are entitled for reservation in service being members of Scheduled Caste. If they would continue to work as Safaiwala then would not explore the possibility of other jobs. It may be higher and better post for their career. It is otherwise a fact that post of Safai Karamchari cannot be earmarked for one society or caste thus argument in reference to Valmiki Sajaj cannot be accepted.