DARA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FACTS of these matters remind me the speech of late NANI A. PALKHIWALA delivered at Privity College. Cambridge on November 7, 1990. In the lecture titled "forty THREE YEARS OF INDEPENDENCE," PALKHIWALA said- " Perceptive observers in foreign countries where Indians work and prosper are baffled by one question-how does India, with its great human potential and natural resources manage to remain poor ? The answer is that we are not poor by nature but poor by polity. You would not be far wrong if you called India the World's leading expert in the art of perpetuating poverty. " These matters may be cited as an example to show the skill of certain officials of the State of Rajasthan in perpetuating the poverty and rendering Diploma Holders in Civil Engineering, Jobless.

(2.) SINCE questions of law and fact involved in all these matters are identical, they were heard analogously and are being taken up together for disposal. Common prayer of the petitioners in all these matters is to set aside the order dated October 25, 2002 and regularise their services.

(3.) HAVING pondered over the submissions and on a close scrutiny of material on record I find that the petitioners were screened for the purpose of adjudging their suitability on March 6, 1998 and the impugned order of rejection came to be made on October 25, 2002 i. e. after about four years and seven months. A bare look at the order reveals that the Screening Committee has not found the petitioners suitable for their services being regularised. It has been observed in the order that the category in which the cases of petitioners come is the one of those who were given appointment without their names being sponsored by the Man Power Department and also that many of such candidates have become over age on the crucial date and therefore the matter is referred to the Government for its decision. The Screening Committee has no where said that the petitioners are not suitable to have their services regularised.