HARISH KUMAR MUDEJA Vs. RAJASTHAN HIGH COURT

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioner to quash order dt. 20.06.2011 (Annex.-12) to the extent it holds that respondent No. 2 is not empowered to review the order of appointment dt. 30.04.2011, so also, to quash the order of appointment dt. 30.04.2011 (Annex.-8) passed in favour of respondent No. 3 and posting order issued by respondent No. 2 qua respondent No. 3 and further it is prayed that respondent No. 2 may be directed to provide appointment to the petitioner on the post of Stenographer with effect from the date respondent No. 3 was provided appointment with all consequential benefits. Brief facts of the case are that the petitioner was substantively working on the post of L.D.C. in the Hanumangrh Judgeship and while working on the said post he was selected on the post of Stenographer in the recruitment conducted by the Ajmer Judgeship and provided appointment in the Court of Addl. Chief Judl. Magistrate No. 1, Kekari.

(2.) The District & Sessions Judge, Sriganganagar issued an advertisement on 10.01.2011 whereby 3 posts of Hindi Stenographer in Sriganganagar Judgeship were published and, out of 3 posts, 2 posts were reserved for Scheduled Tribe category and 1 post was reserved for Scheduled Caste category. The said advertisement was issued under the Rajasthan Subordinate Courts Ministerial Staff (Establishment) Rules, 1986 and Amended Rules 1999. In the advertisement, it was specifically mentioned that in the event of qualifying the examination by those employees working in the Sriganganagar Judgeship preference will be given to them for appointment and, in the event of non availability of candidates from the reserved category appointment will be made from the General category also.

(3.) Contention of the petitioner in the writ petition is that in the qualifying examination conducted by respondent No. 2 four candidates were declared qualified and their names were included in the merit list. In the merit list, at S.No. 1 Sanjay Kumar obtained 138.614 marks and name of petitioner was included at S.No. 2 because he obtained 135 marks. Name of respondent No. 3 was at S.No. 3 in the merit list who secured 109.935 marks. All the above three candidates belonged to General category and the name of candidate Santosh Kumar who belonged to Scheduled Caste category was at S.No. 4. After preparing the merit-list by the District & Sessions Judge, Sriganganagar, the result was declared on 25.04.2011 and, thereafter, on 30.04.2011 appointment order of three candidates was issued.