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2006 DIGILAW 1958 (RAJ)

Rajesh Solanki v. Rajasthan Legislative Assembly, Jaipur

2006-05-31

MOHAMMAD RAFIQ

body2006
Judgment Mohammad Rafiq, J.-Petitioner has filed the present writ petition seeking a writ of mandamus whereby the respondent be directed to notify the vacant posts available in the office and to make regular appointment on such posts and if the petitioner is found entitled, he be given regular appointment on such post and till then the position of the petitioner prior to issuance of (Exhibit 6) may also be restored. It has been stated in the writ petition that the petitioner was appointed in the office of the respondent vide order dated 02.09.1992 but the respondent terminated his services vide order dated 110.1992. 2. The aforesaid writ petition was contested by the respondent by filing a detailed reply thereto. In the reply, the respondent has contended that the petitioner was engaged only for the Assembly Session according to necessity, as and when his services were required and when his services were not required, he was discontinued. It has been stated that the appointment of the petitioner was made only on daily wages basis. It has also been stated that the respondent issued an advertisement on 22.05.1992 under the provisions of the Rajasthan Legislative Assembly Secretariat (Recruitment and Conditions of Staff Service) Rules, 1992. The applications were invited from the eligible candidates for making regular appointments on the posts of Class Four Employees. In response to this, merely 1600 applications were received and 1500 persons appeared for interview, which was conducted on 17/18.06.1992. The petitioner also applied for the said posts in response to the aforesaid advertisement but having been failed to qualify the interview, could not be selected by the Selection Board. Even though, this development took place prior to filing of the writ petition on 012.1992, the petitioner has completely suppressed this fact from the record of the case and has made no mention thereof anywhere in the memo of the writ petition. 3. In the light of the averments made by the respondent in the reply to the writ petition, the writ of mandamus sought for by the petitioner need not be issued by this Court as even prior to filing of the writ petition, the respondent had issued the aforesaid advertisement to fill up the vacant posts lying in the office of Class Four Employees on regular basis. The petitioner, was one of the eligible candidates to apply for the said posts which were advertised and also appeared before the Selection Board to face the interview. He, however, was not found suitable for appointment, therefore, he could not be selected. 4. Under these circumstances, I do not find any merit in this writ petition and the same is hereby dismissed.