AMIT KUMAR JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The process of selection conducted in pursuant to the notification dated 30.9.2007 was faced by the petitioner, as a consequent thereto the petitioner was placed on penal of the selected incumbents at serial No.4. During the currency of penal aforesaid the petitioner apprehended that the vacancies against which process of selection took place may be filled in by way of transfer to district judgeship Rajsamand from other district judgeship, hence this petition for writ is preferred.

(2.) This Court by order dated 4.11.2008 restrained the respondents by an ad-interim order from filling in the vacancies concerned by adopting the mode of transfer.

(3.) A reply to the writ petition has been filed on behalf of the respondents with assertion that selection process under the advertisement dated 17.8.2007 was relating to two existing vacancies pertaining to Scheduled Caste and Scheduled Tribe and out of those one has already been filled in by a person belonging to Scheduled Caste. The vacancy pertaining to Scheduled Tribe could not be filled in due to non-availability of any candidate from Scheduled Tribe category. As per the respondents appointment was also given to one person from general category. It is also stated that the entire process of selection has already been completed. The penal of selected candidates is also not in currency and a fresh process of selection has already been initiated. Shri G.R.Punia, learned counsel for the respondents also stated at Bar that no appointment by adopting the mode of transfer shall be made by the respondents against the existing vacancies.