MOHAMMAD FAROOQ Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This is an appeal filed by original Respondent 5 before the High Court in Civil Writ Petition No. 186 of 1977.

(2.) On 7 -5 -1971, the appellant was appointed as Hostel Superintendent in the Social Welfare Department, State of Rajasthan. The post of Hostel Superintendent is a non -gazetted post under the Rajasthan Social Welfare Subordinate Services Rules, 1963. It falls in Group 'B' of posts under those Rules. He was transferred as Research Assistant (Beggary Survey Project) in 1973. He was subsequently transferred on ad hoc basis as Acting Probation and Prison Welfare Officer with effect from 23 -7 -1975. Probation and Prison Welfare Officer is also a non -gazetted post falling in Group 'B' of the Rajasthan Social Welfare Subordinate Services Rules, 1963.

(3.) While the appellant was working as Acting Probation and Prison Welfare Officer, an advertisement was issued inviting applications for combined competitive examination for Rajasthan Administrative Service, Rajasthan Accounts Service and Rajasthan Police Service. In the Rajasthan Administrative Service, two posts were reserved for non -gazetted employees working in the Rajasthan State Services. The appellant applied for one of these two posts reserved for non -gazetted employees. The appellant qualified in the written examination and also in the viva voce and he was placed at Sl. No. 31 in the final merit list. One Hastimal Chandalia who had applied in the open category was also selected and was placed at Sl. No. 26. The appellant was selected to one of the two reserved posts for non -gazetted employees in the Rajasthan Administrative Service. Hastimal Chandalia could not be offered any of the open seats in the Rajasthan Administrative Service since the persons above him in the merit list occupied all the available seats. He was given a post in the Rajasthan Accounts Service.