Suman Yadav And Ors vs State (Panchayati Raj Dep)Ors on 11 May, 2012
7. Per contra, learned counsel for the respondents vehemently
opposed the prayers advanced by the petitioners and
consequently, prayed for the dismissal of the instant petition. In
this regard, learned counsel submitted that during the pendency
of the present proceedings, in compliance with the directions of
this Court, the respondents formulated a high-level committee in
order to explore the possibility of adjusting the petitioners against
future vacancies. However, the said possibility cannot fruition for
the reason that in light of the dictum enunciated by the Division
Bench in D.B. Special Appeal Writ No. 847/2022 titled as
Suman and Ors. vs. State of Rajasthan and Ors., which was
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[2024:RJ-JP:25538] (10 of 14) [CW-3527/2024]
subsequently upheld by the Hon'ble Apex Court, a fresh/revised
merit list was prepared by the respondents, in which, the
petitioners were found not to be meritorious. Moreover, as per the
appointment letters issued to the petitioners by the respondents,
it was made rather clear that the petitioners appointment shall be
subject to any litigation. Moreover, said litigation was not confined
to any particular individual(s) as well. Subsequently, the dictum
enunciated by the Division Bench vide order dated 02.02.2023,
came to be confirmed/upheld by the Hon'ble Apex Court vide
order dated 06.10.2023. Therefore, as on date, the revised merit
list so prepared in pursuance of said judgments, is final, which
ousts the candidatures of the petitioners on account of them being
non-meritorious. Learned counsel further submitted that the
petitioners were merely rendering their services on probation, not
having been confirmed in service yet. Lastly, it was averred that
as per the revised merit list, in between the petitioners and the
selected candidates, there lies the candidature of 285 candidates
who are more meritorious than the petitioners. Therefore, giving
appointment to the petitioners shall not only be arbitrary and
unjust on account of them being non-meritorious, but also
discriminatory qua said 285 candidates.