ANIL KUMAR Vs. STATE

JUDGEMENT

(1.) HEARD the learned Counsel for the parties. The petitioner by this writ petition has prayed that respondent, Rajasthan Public Service Commission be directed to forward the name of the petitioner for appointment being given to the post of Lower Division Clerk in Nagaur District or for that matter anywhere also where the petitioner can be appointed and further direction be made for appointment being given to the petitioner on and from the date Shri Tara Chand was so appointed with all benefits consequential there to such as emoluments, seniority etc.

(2.) THE petitioner appeared in 'Kanisth Lipik Sanyukt Pratiyogi Examination 1986 held by the Rajasthan Public Service Commission. His name was included in reserve list for District Nagaur. However, the petitioner's name was not forwarded to the R.P.S.C. to the government because there was some deficiency in his form. The Rajasthan Public Service Commission asked the petitioner to remove deficiency by issuing letter Annex. 1. This deficiency was removed by him by filing an affidavit Annex. 2 which satisfied the Rajasthan Public Service Commission, It appears that R.P.S.C. duly cleared the name of the petitioner on 3rd May, 1990 and forwarded the name of the petitioner for appointment to the State Government on 22.5.1990. It appears that before appointment order could be issued in favour of the petitioners, a ban was imposed on appointments by the State Government osn 6.6.90. The result was that the petitioner could not be appointed In sapite of the fact that his name was included in the reserve list and the name of the petitioner had been cleared.

(3.) THE case of the petitioner is that person junior to him namely Tara Chand was appointed. The petitioner prays that respondent State may be directed to appointment him from the very date his junior Tara Chand was appointed with consequential benefits. Learned council for the petitioner has in this connection relied upon judgment rendered in S.B. Civil Writ Petition No. 1034/90 Sawar Mat Stmrma v. State of Raj. and Ors. decided on 1.4.1991. State has not been able to show now the paper of the petitioner differs from the case of Sawar Mal in any material particular.