LAWS(RAJ)-2003-11-21

RPSC AJMER Vs. KU SADHANA BAGHARHATTA

Decided On November 04, 2003
RPSC AJMER Appellant
V/S
KU SADHANA BAGHARHATTA Respondents

JUDGEMENT

(1.) THIS cluster of special appeals arises from the order dated 13th of January, 1999 of the learned Single Judge passed in S. B. Civil Writ Petition No. 3264/1997, Sadhana Bagarhatta vs. State of Rajasthan & Others alongwith five other writ petitions. Since a common question of law is involved in these special appeals, they are heard and being decided together by this common order.

(2.) IN all six writ petitions were filed by the respondents herein. Against the order passed in the six writ petitions, the Rajasthan Public Service Commission has preferred Special Appeals mentioned in the title of this judgment at Serial No. 1 to 6. Where as the Special Appeals mentioned at Serial No. 7 to 10 are preferred by the appellants therein, who were not parties in the writ petitions filed by the respondents hearing, and are adversely affected by the order of the learned Single Judge. We find from the appeals at Serial No. 7 to 10 that in three appeals leave to file appeals was granted by the Court. The appeal at Serial No. 11 has been filed by the respondent in Special Appeal at Serial No. 1, who was the petitioner before the learned Single Judge, against the part of the order of the learned Single Judge.

(3.) IT is submitted that the petitioner is highly qualified candidate fulfilling all the requisite qualifications and had the experience of more than two years at the relevant time but the persons having lesser qualification with less experience have been selected. In the writ petition, the petitioner respondent has also challenged the amendment made whereby the word preferably has been added in the Rajasthan Technical Education Rules, 1963 (for short, `the Rules, 1963' ).