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2019 DIGILAW 889 (RAJ)

Lalu Ram Gadri v. State of Rajasthan

2019-03-25

ARUN BHANSALI

body2019
JUDGMENT 1. This writ petition has been filed by the petitioner seeking a direction to the respondents to keep the post vacant and/or protect his rights till Civil Appeal Nos. 1464-1466 of 2017 is decided by Apex Court. 2. It is, inter-alia, indicated that pursuant to the Teacher Recruitment 2016, the petitioner was accorded appointment on 28.07.2017 (Annex.2) on the post of Teacher Grade-III (Level-I) as SBC. Whereafter, in the Recruitment-2018, the petitioner again applied and has now been accorded appointment as general category on 13.02.2019 (Annex.7). 3. It is submitted that in the Recruitment-2016, the petitioner was selected as S.B.C. category candidate, validity of which appointment is subject matter of Civil Appeal Nos. 1464-1466 of 2017 before the Apex Court and in the Recruitment-2018, the petitioner has been selected against general category. It is submitted that the petitioner, if he joins pursuant to the Recruitment-2018, as the appointment pursuant to Recruitment- 2016 is yet to be confirmed, the petitioner would loose out of the service already rendered and in case, he does not join, his fresh appointment would be cancelled and as the earlier appointment is subject to the outcome of the matter pending before Apex Court, he may be given an opportunity to select course of action once the matter is decided by the Supreme Court. 4. The plea raised by the petitioner in the writ petition and relief claimed based on it, is highly speculative. As the petitioner wants his joining pursuant to the order dated 13.02.2019 be made subject to the outcome of the matter pending before the Supreme Court. Such kind of speculative direction sought by the petitioner in the present writ petition cannot be granted, the petitioner will have to take a view based on the circumstances which present themselves as on the date he is required to take a view and not based on the speculation. 5. In view thereof, no direction as sought by the petitioner can be given in the present circumstances. There is no substance in the present writ petition, the same is, therefore, dismissed.