SHIV PRAKASH MAHESHWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Letters Patent Appeal under Sec. 18 of the Rajasthan High Court Ordinance, 1949 is directed against the judgment and order dated 19. 4. 2001 passed by the learned Single Judge. By this common judgment and order dated 19. 4. 2001, five writ petitions were decided. Out of five writ petitions, one writ petition i. e. SB Civil Writ Petition No. 2987/2000 was allowed and rest of the four writ petitions No. 3125/2000, 3126/2000, 3653/2000 and 3654/2000 were dismissed. There four petitioners, aggrieved against the judgment and order dated 19. 4. 2001, passed by the learned Single Judge, have filed appeals under Sec. 18 of the Rajasthan High Court Ordinance, 1949.

(2.) BRIEFLY stated the facts of the case are that vide advertisement issued in the year 1996-97 on 5. 8. 1996, the Rajasthan Public Service Commission invited applications for filling up 10 posts of Assistant Agriculture Research Officers (Botany) in the pay scale of Rs. 2000-3200. The Rajasthan Public Service Commission after holding recruitment, recommended ten names for appointment to the aforesaid posts and ten persons who were recommended by the Rajasthan Public Service Commission were appointed on the said pasts and all of the had joined also. Besides this list of ten persons, the Rajasthan Public Service Commission had also prepared a reserve list of six persons and the names of all these four appellants did find place in reserve list including two others; one of them being Mr. Ashok Kumar Bansal who was at Sl. No. 1 and Shiv Prakash maheshwari who was at Sl. No. 2.

(3.) ACCORDING to the Proviso under Rule 17 of the Rules of 1978, the Commission may if intimation of additional requirement not exceeding 50% of the advertised vacancies, is received before selection, it may select suitable candidates to meet such additional requirement. It may be mentioned that in this Proviso the words "before selection" have been used and therefore, to the extent of 50% of the advertised vacancies, the suitable candidates may be selected to meet such additional requirement, if received before selections. In the instant case whereas ten vacancies had been advertised, therefore on intimation of the additional requirement, the candidates upto 5 could be selected, had the additional requirement been received before selection.