ABDUL REHMAN KHAN Vs. R S E B

JUDGEMENT

(1.) THIS writ petition is directed against the order Annexure -P. 9 dated 10.8.1979 passed by the Joint Secretary, (Admn.), RSEB, Jaipur whereby the examination of the petitioners, which was conducted by the respondent RSEB for the post of Accounts Clerks was cancelled.

(2.) THE facts necessary to be noticed for the disposal of this writ petition briefly stated are: that an advertisement came to be issued by the respondent RSEB inviting applications for granting Apprenticeship training in different trades including the posts of L.D. Cs. The petitioners applied and they were declared successful. They were amongst 36 selected candidates as per the letter Annexure -P. 1 dated 16.2.1976 written by the Deputy Secretary (Examination) RSEB, Jaipur to the Superintending Engineer (JDC), RSEB, Jodhpur. These 36 selected candidates were posted at different places. The petitioner Abdul Rehman Khan was posted as a trainee LDC in the Office of the Assistant Engineer RSEB, Sirohi whereas petitioners Banshilal Soni and Ramsingh were posted as trainee LDCs in the offices of the Assistant Engineer Jalore and the Assistant Engineer, Sumerpur and it was ordered that during the period of their training, which shall be initially for one year, they shall be paid Rs. 100/ - per month as stipend. Later on, the period of training was reduced to six months.

(3.) IT is alleged that thereafter, the notification Annexure -P. 6 date 21.6.1978 was issued by the respondent Board inviting applications for the posts of Accounts Clerks from the departmental candidates eligible for the departmental examination for the post to be held tentatively in the month of September, 1978. The eligibility condition for filling up the form was that all the Upper Division Clerks were entitled to appear in the said departmental examination but so far as the Lower Division Clerks were concerned, the non -Graduate LDCs with five years of service and Graduate LDCs with two years of service in the Board as on 31.7.1978 were made entitled to appear in the said departmental examination.