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1999 DIGILAW 1102 (RAJ)

Upendra Kumar Jain v. State of Rajasthan

1999-08-27

SHIV KUMAR SHARMA

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JUDGMENT 1. - Vide order dated January 12, 1983 the respondents had decided that all urgent/temporary appointments to the engineering posts on an adhoc basis would be made only on the basis of merit list as prepared by the Man Power Department. The grievance of the petitioners is that by adopting the said procedure the candidate who passed out B.E. in later years have been appointed whereas the candidates who obtained the said degree in earlier years remained unemployed. Had the appointments been made in accordance with the provisions of Rule 26 of the Rajasthan Agriculture Subordinate Service Rules 1978 on urgent temporary basis, such candidates to including the petitioner would have got the equal opportunity for consideration of their candidature. The petitioners therefore seek to quash the order dated January 12, 1983 and subsequent order dated December 9, 1982. 2. Admittedly, the petitioners got registered themselves with the Man Power Department on April 30, 1986 and June 5, 1985 respectively. The respondents submitted in the reply that in order to systemise the adhoc appointments and to give some relief to the unemployed Engineering graduates and Diploma Holders, who were bona fide residents of Rajasthan, the Man Power Department had been maintaining a roster of such unemployed Engineering Graduates and Diploma Holders with a view to assisting them in seeking employment. All such eligible unemployed Engineering Graduates and Diploma Holders were registered in the Man Power Department and whenever some temporary vacancies arose list of candidates would have been sent to the concerned department. Upto the year 1982 the Man Power Department used to send the list of all the registered unemployed Engineering Graduates and Diploma Holders periodically to all State Government departments and autonomous departments for making ad hoc/urgent temporary appointments and the department concerned could make such appointments as per the list sent by the Man Power Department after following their own process of selections. But the said process resulted in many complications, therefore in order to streamline the roster system maintained by the Man Power Department and to give equal opportunity to all eligible candidates that certain guidelines were issued vide order dated January 17, 1983. While getting themselves registered with the Man Power Department the petitioners were aware of the conditions and criteria for preparing the merit list. 3. While getting themselves registered with the Man Power Department the petitioners were aware of the conditions and criteria for preparing the merit list. 3. I have given my anxious consideration to the rival submissions and carefully scanned the material on record as well as the relevant statutory Rules placed before me. 4. I am of the considered opinion that after getting themselves registered with the Man Power Department the petitioners are estopped from challenging the conditions and criteria for preparing the merit list after such a belated stage having taken their chance of about more than three years. The petitioners were aware of the conditions and criteria for preparing the merit list and after having gone through the said conditions and criteria the petitioners got themselves registered with the Man Power Department. Under these circumstances I do not think it reasonable to examine the orders dated January 12, 1983 (Ex. 2) and memos dated August 20, and December 9, 1982 (Ex. 3), in view of Rules 26, 17 and 21 of the Rajasthan Agriculture Subordinate Service Rules, 1978. I am unable to persuade myself to agree with the submissions advanced before me by the learned counsel appearing for the petitioners. 5. The writ petition has no merit and is hereby dismissed accordingly. No costs.Writ Petition Dismissed. *******