Sonam vs State Of Rajasthan on 26 August, 2020
13. So far as the judgments in the case of Ruchika Kansara
(supra) and Bhupal Singh (supra), cited by learned counsel for the
petitioner are concerned, they are not applicable in the facts of
the present case inasmuch as in both the judgments this Court in
view of the peculiar facts, has dealt with the cases of irregular
appointments made by the authority. It was observed that there
was no fault of the petitioner(s). However, in the present case, the
petitioner was appointed fundamentally contrary to the principle of
reservation and law laid down by Hon'ble Supreme Court. The
appointments in the cases cited by learned counsel for the
petitioner were irregular, whereas they are illegal in the present
case. Petitioner's origin being in a State other than Rajasthan,
hits at the very root of her eligibility. The petitioner's appointment
being fundamentally void, cannot be allowed to stand.