SANJAY RATHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 25. 9. 1998 against the respondents with the prayer that by an appropriate writ, order or direction, the respondents be directed to give appointment to the petitioner on the post of Sub Inspector/platoon Commander with effect from 1. 6. 1998 with all consequential benefits including confirmation, seniority etc.

(2.) THE case of the petitioner as put forward by him in this writ petition is as follows:- THE recruitment to the post of Sub Inspector/platoon Commander in Police Department, Government of Rajasthan is governed by the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter referred to as "the Rules of 1989" ). THE posts of Sub Inspector/platoon Commander are inter- changeable. THEre is same recruitment process and same qualifications are required for the post of Sub Inspector and Platoon Commander. THE examinations and selections are also common. Under the Rules of 1989, the selection to the post of Sub Inspector of Police is held by the Rajasthan Public Service Commission (for short "commission" ). THE further case of the petitioner is that the Commission issued an advertisement Annex. 1 dated 23. 1. 1996 inviting applications for 226 posts of Sub Inspector/platoon Commander and in pursuance of the said advertisement Annex. 1, the petitioner being eligible applied for the said post of Sub-Inspector/platoon commander. He was called to appear in the written test and he appeared and he was selected for appointment to the post of Sub Inspector of Police. THE further case of the petitioner is that when he was not given appointment he submitted a representation to the respondent No. 2 Director General of Police, Government of Rajasthan, Jaipur on 12. 8. 1997, a copy of which is marked as Annex. 2. THEreafter, the petitioner received a communication dated 23. 8. 1997 asking the petitioner to undergo Medical Test and Character Verification. A copy of the said communication dated 23. 8. 1997 is marked as Annex. 3. Accordingly, the petitioner underwent medical test and character verification and completed the same also. THE further case of the petitioner is that on 20. 10. 1997, an order Annex. 4 was issued by the respondent No. 2 Director General of Police, Government of Rajasthan by which as many as 181 candidates were given appointment to the post of Sub Inspector of Police and the persons in general category upto the merit No. 120 were given appointment. THEreafter, another order Annex. 5 dated 6. 11. 1997 was issued by the respondent No. 2 Director General of Police by which appointments to the persons belonging to general category were given upto the merit No. 181. According to the petitioner, thereafter, through another orders, appointments were given to the persons belonging to the general category upto the merit No. 203. THE further case of the petitioner is that some persons though appointed, but did not join and, therefore, a report to this effect was sent by the Principal, Police Training Centre, Jodhpur to the respondent No. 2 Director General of Police through letter dated 17. 4. 1998, a copy of which is marked as Annex. 6. According to the petitioner, five candidates of general category had not joined in pursuance of the advertisement Annex. 1

(3.) THERE is also no dispute on the point that even persons standing at serials No. 204 and 205 in the merit list have not been given appointment.