GOVIND RAM JAKHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present special appeal has been filed against the impugned judgment dtd. 18/8/2021 whereby the writ petition of the petitioners/appellants was dismissed.

(2.) Before adverting into the adjudication of the matter, above question, entailing of the brief facts would be relevant :

(3.) An advertisement for 178 posts of 'Driver-cum-Fire Machine Operator' was issued by the Rajasthan Municipalities (Administrative and Technical) and (Subordinate and Technical) and (Subordinate and Ministerial) Service Selection Board (hereinafter referred to as 'the Service Board') on 30/12/2015, out of which 22 posts were reserved for ex-servicemen. Because of certain litigation pertaining to the recruitment in question, a fresh advertisement was issued on 3/6/2019 and in the said advertisement, no post for ex-servicemen was reserved. The said reservation was denied on the ground that notification dtd. 10/10/2008 had been issued by the State whereby the expression "Driver" in item no.33 of the Schedule-I of the Rules of 1988, by virtue of which, earlier reservation was provided on the post of "Driver", was deleted. Instruction no.6 of the fresh advertisement (impugned notification) dtd. 3/6/2019 was under challenge before learned Single Judge in the writ petition.