DURGESH SINGH KHINCHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These intra-court appeals have been preferred assailing the legality of the order passed by the Single Bench disposing of the writ petitions subject to the rider that in case of availability of vacancies for the year 1998-99 for the post of Physical Training Instructor and in case any lesser meritorious candidate has been appointed, the Petitioners be given appointment as Physical Training Instructor.

(2.) The facts in short are that an advertisement was issued on 27.8.1998 advertising 57 posts in different divisions of the State of Rajasthan. The present petitions pertain to Kota Division and Jaipur Division. For Kota division, 6 posts of PTI were advertised whereas for Jaipur, 14 posts were advertised. One post out of 6 at Kota was reserved for OBC candidate and out of 14 posts available for. Jaipur, 8 posts were reserved for general category, 2 posts for SC, 1 post for ST and 2 posts were reserved for OBC candidates. One post was reserved for woman candidates.

(3.) The result was declared by the Respondents and they ordered appointment of 61 persons whereas the advertised vacancies were 57, taking into consideration the vacancies to occur till February, 1999. However, they rejected the candidature of the candidates who were holding the degree in B.P.E. Consequently, before the Single Bench of this Court Hari Ram and 16 others preferred SBCWP 5125/99 which was allowed by the Single Bench vide order dated 21.5.1999. The Single Bench allowed the writ petition and directed to consider the cases of Respondents in that case who were holding the decree in physical education from respective institutes and consider their applications and be given appointment if they otherwise, satisfied the other qualifications prescribed. Those incumbents were appointed pursuant to the directions issued by the Division Bench of this Court. The order passed by the Division Bench in State of Rajasthan and Ors. v. Hari Ram & 16 Ors., 2001 1 RajLW 406 was affirmed by the Apex Court on 23.2.2001 in SLP No. 2560/2001. Thereafter several writ petitions were filed and pursuant to directions issued, by this Court, 73 additional appointments have been made from time to time in different divisions whereas, vacancies advertised were only 57 as against which, 134 appointments have already been made by the Respondents.