Pinki vs State Of Rajasthan on 9 August, 2019
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
(Downloaded on 30/08/2019 at 01:49:02 AM)
(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.