LAWS(RAJ)-2000-8-39

NARESH BHANSALI Vs. STATE OF RAJASTHAN

Decided On August 21, 2000
NARESH BHANSALI Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE instant writ petition has been filed for issuing direction to respondents to fill up the vacancies of Engineers as per the eligibility on the date of initial advertisement dated 18.1.1997.

(2.) THE facts and circumstances giving rise to this case are that the Rajasthan Public Service Commission (for short, "the Commission") advertised 444 posts of Assistant Engineers (Civil) in the Public Works Department (B & R), Irrigation and Public Health & Engineering Department under the provisions of the Rajasthan State Engineering Services (Direct Recruitment by Combined Competitive Examination) Rules, 1954. THE last date for submitting the application, as per the said advertisement, had been 15.3.97. THE said Rules stood amended vide order dated 22.1.97 providing for horizental reservation in favour of woman candidates. A corrigendum was issued by the Commission on 10.2.97 to give effect to the said amendment dated 22.1.97. THE result of the examination was declared on 2.12.97 and petitioner's name appeared in the select list. However, as the Commission realised that the orders dated 22.1.97 and 10.2.97 could not be implemented properly, it re-arranged the select list and a fresh select list was prepared on 5.1.97 and vide letter dated 17.12.97, petitioner was informed that he was lowered down in the merit list and his name did not appear in the select list. Hence this petition.

(3.) PETITIONER faced the selection process with his eyes open, knowing well the criteria laid down in the corrigendum and amended advertisement without raising any protest and merely because at this state he stood unsuccessful, he cannot be heard. (Vide M/s. Pannalal Binjraj & Ors. vs. Union of India (2); Manak Lal vs. Prem Chand (3); Madan Lal & Ors. vs. State of J & K and Ors. (4); Dr. G. Sarana vs. University of Lucknow (5); Maj. Chander Bhan Singh vs. Latafat Ullah Khan & Ors. (6); Om Prakash Shukla vs. Akhilesh Kumar Shukla & Ors. (7); M/s. Power Control Appliances & Ors. vs. Sumeet Machineries Pvt. Ltd. (8); State of Punjab vs. Krishan Niwas (9); State of Orissa vs. Narain Prasad (10); U.D. Lama vs. State of Sikkim (11); Union of India & Ors. vs. N. Chandrasekharan (12); Suneeta Agrawal vs. State of Haryana & Ors. (13) and State of Rajasthan & Ors. vs. Anilkumar Sunilkumar & party (14).