KAPIL DEV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) UNDER a notification dated 01.6.2011 process of selection was initiated for appointment to the post of Assistant Radiographer as per Rajasthan Medical Health and Subordinate Service Rules, 1965. On completion of selection, a select list was issued on 30.1.2012 and in the list aforesaid Shri Surendra Nitharwal, Shri Tarun Fanan and Shri Pushpendra Gautam were placed at Sr. No.1, 2 and 22 respectively as per their merit. Shri Bheekaram Kumawat was placed at Sr. No.4 among the candidates belonging to Other Backward Class. One Shri Vinod Kumar Gahan was assigned merit no.2 in the list containing names of the persons belonging to category of scheduled caste.

(2.) THE respondents issued order of appointments in favour of selected candidates against existing five vacancies including the five persons named above, however, they did not choose to join the service. Accordingly, an order dated 14.5.2012 was issued whereby the appointment orders were cancelled. Suffice to mention here that M/s. Surendra Nitharwal, Tarun Fanan and Pushpendra Gautam were selected against non -reserved vacancies. After cancellation of appointments of the persons named above, the Addl. Director (Admn.), Medical & Health Services, Government of Rajasthan, Jaipur passed another order dated 15.6.2012 giving appointments to Shri Yadram Choudhary, Shri Ajhar Ali and Shri Virendra Singh all belonging to Other Backward Class. The grievance of the petitioner is that M/s. Surendra Nitharwal, Tarun Fanan and Pushpendra Gautam were selected against non -reserved posts, therefore, the vacancies occurred due to their non -joining should have been filled -in from among the persons belonging to non -reserved category.

(3.) AS a consequent to re -shuffling two vacancies became available for Other Backward Class and one for Scheduled Caste and within the three vacancies appointments were given to the members belonging to Other Backward Classes and Scheduled Caste.