ASHOK KUMAR AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) This writ petition is liable to be dismissed because an exactly identical writ petition being S.B. Civil Writ Petition No. 10501/2012, Ramu Ram & Ors. vs. earlier filed by similarly situated persons has been dismissed by this Court vide judgement dated 28.8.2012. The case of the present -petitioners is identical to those petitioners who also approached this Court with the prayer that the respondents be required to issue them appointment order pursuant to their selection. Petitioners have also contended that they were already selected on 1.7.2011 by draw of lottery in the process of selection initiated pursuant to the advertisement dated 19.8.2009. The respondents have now illegally issued another advertisement inviting fresh application for 141 posts of Sweepers which include the earlier 63 posts as well. The matter was listed on 11.8.2014 on which date two petitioners Ashok Kumar and Subhash Kumar appeared in person and one Om Prakash Saini, OIC on behalf of respondents also appeared. The Court was not apprised of the fact of dismissal of the identical writ petition on 28.8.2012. It was in that situation that this Court directed that the respondents may not fill in the 63 posts wherefore select list has already been prepared.

(2.) Shri Anoop Dhand, learned counsel for the respondents submits that petitioners have applied in response to the fresh process of selection and in any case their case would be considered also in the draw of lottery. It was argued that the earlier process of selection was abandoned because at that time there was no rule authorising draw of lottery. The said Rule was promulgated thereafter by notification dated 18.4.2012, which was precisely the basis for dismissal of the earlier writ petition. In the light of judgement in Ramu Ram, supra the writ petition is dismissed, however, with the direction that the name of the petitioners shall also be included in the draw of lottery.