ARVIND ARYA Vs. RSRTC & ANR.

JUDGEMENT

(1.) ALL these writ petitioners have approached this Court contending that when originally advertisement inviting applications for appointment on the post of Conductor was issued, no minimum marks were required in the trade test, however, after the written and before declaration of result, the respondents literally introduced the condition that each of the candidates must secure 30 marks out of 50 in the trade test. Number of petitions have been filed before this Court which was disposed of by order of this Court in Prem Prakash Sharma vs. RSRTC & Anr., S.B. Civil Writ Petition No., 13855/2011 and connected 95 writ petitions by a common judgement dated 9.11.2011 in which on the consent of the parties including the respondent -RSRTC, it was held that the respondents will not insist upon minimum passing marks in the trade test and that candidates would not be denied appointment only because they failed to secure minimum passing marks in the trade test. The appointment should be granted merely on the basis of merit, which would mean combined merit prepared on the basis of written as well as trade test and there being no weitage for interview. The apprehension of the petitioners is that in spite of the aforesaid judgement, the respondent Corporation may not grant appointment to the petitioners on the ground of their not been able to secure minimum 30 marks out of 50 in trade test despite their figured higher in merit. When this Court in a batch of petitions referred to supra has already passed the order based on the consent extended by respondent -RSRTC that they would not now insist on minimum 30 marks out of 50 in trade test, there is no basis for this Court to presume that the respondents would not abide by that judgement. This Court, therefore, cannot accept the argument that even if the petitioners come in merit, they would not be granted appointment. The apprehension of the petitioners is thus more illusory than real.

(2.) THE controversy being squarely covered by the aforesaid judgement in Prem Prakash Sharma, supra, these writ petitions are disposed of requiring all the petitioners to make a representation to the respondents, who shall consider and decide the same within a period of one month from the date of its receipt along with copy of this order.