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Rajasthan High Court · body

2000 DIGILAW 191 (RAJ)

Dayal Chand v. State

2000-02-15

B.S.CHAUHAN

body2000
JUDGMENT 1. - The instant writ petition has been filed seeking a direction to appoint the petitioner on the post of Lab Assistant Grade III. 2. The facts and circumstances giving rise to this petition are that the petitioner applied for the post of Lab Assistant Grade III in response to an advertisement dated 12.5.1995 (Annex. 3). The petitioner belongs to the Other Backward Class and in the competitive examination he secured 75% marks and stood in merit at Serial No. 9. In stead of offering the appointment to the petitioner, respondent No. 4, who secured only 69% marks and occupied 23rd position in the merit list had been appointed. Hence this petition. 3. In the reply, the respondents have pointed out that respondent No. 4 has been appointed being a woman candidate. However, the learned counsel appearing on behalf of the respondents could not point out that there was any reservation in favour of women candidates at the relevant time and thus as her appointment is dehors the rules, it cannot be sanctified and the petitioner ought to have been given appointment as per the roster point belonging to the general candidates being high in merit. 4. As the petitioner is already in employment under the interim order of this Court dated 17.1.1997, the writ petition deserves to be allowed. It is directed that the petitioner shall be entitled to be readjusted only for the purpose of seniority and further notional benefits fixing him on the roster point available considering him as General Category candidate being higher in the merit list. This adjustment shall be made by the respondents only for the purposes of the consequential benefits. However it is clarified that the petitioner shall not be entitled for any backwages. So far as respondent No. 4 is concerned, as she has been appointed illegally, she is to be adjusted in the General Category candidates for the purpose of seniority. She should be adjusted as per her merit in the merit list. 5. With these observations, the instant writ petition is disposed of with no order as to costs.Petition disposed of. *******