BHONRI LAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Rajasthan Public Service Commission advertised 888 vacancies for the post of Lower Division Clerks in subordinate offices on 23.07.1986. Writ petitions were filed by the candidates challenging the action of the Government on the ground that appointments to be made on the District -wise basis, was illegal. The writ petitions were allowed by the Single Bench vide order dt. 24.11.1990 and a direction was issued to the respondents to appoint the candidates who had secured 37.5% marks or more irrespective of the fact whether they have filed writ petitions or not. On 10.04.1991, the State Government preferred intra -Court appeal [DB Civil Special Appeal No. 107/1991 State of Rajasthan & Ors. vs. Miss. Sunita Gupta] against the order dt. 24.11.1990 passed by the Single Bench. The State Government pursuant to the interim order passed by the Division Bench of this Court prepared a fresh list of 906 vacancies.

(2.) ON 07.05.1992, the Division Bench of this Court struck down the Rule 19 and 24 of the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 and directed the Government and RPSC to prepare the State -level selection list on merit of the unfilled posts out of 906 posts within four weeks not district -wise merit list and number of vacancies were to be informed to the Court. The State Government informed that there were 2597 vacancies as on 10.04.1991 inclusive of 906 posts already shown in the advertisement. On 27.09.1993, the Hon'ble Supreme Court decided the Special Leave to Appeal No. 7114/93 along with SLP (C) No. 8378/93 against the decision of this Court passed in D.B. Civil Special Appeal No. 107/1991. Following order was passed by the Hon'ble Supreme Court -

(3.) THEREAFTER several contempt petitions were again preferred before the Hon'ble Supreme Court. They were decided along with the Contempt Petition No. 165/1999. The Hon'ble Supreme Court took note of the previous order and relied upon the affidavit filed by Inderjit Khanna, the then Chief Secretary of the State in which he stated that there were 3831 vacancies from 01.01.1985 to 10.04.1991 were 3831, whereas 3867 successful candidates of 1986 examination have been allocated to various districts and offers of appointment have been sent to them. The Hon'ble Supreme Court was satisfied with the affidavit of Shri Inderjit Khanna and concluded that there was no contempt, deliberate or otherwise, in not complying with the orders of this Court dt. 27.09.1993. Contempt Petitions were accordingly, dismissed. Following order was passed by the Hon'ble Supreme Court, -