BRIJ MOHAN Vs. DISTRICT & SESSIONS JUDGE, BIKANER

JUDGEMENT

(1.) In this writ petition has prayed to call the record of the selection for the post of L.D.C. conducted in pursuance of advertisement Annex.1 dated 9.1.2009 issued by the District & Sessions Judge, Bikaner whereby appointments were made on the posts of L.D.C. and to quash the order impugned dated 1.4.2010 whereby appointments were given to respondents No. 2, 3 and 4 on the posts of L.D.C. under the reserve category of S.C./S.T./O.B.C. As per facts of the case, an advertisement was issued by the District & Sessions Judge, Bikaner on 9.1.2009 whereby 3 posts of L.D.C. in the pay-scale of PB-1 5200-20200 were published and applications were invited from the eligible candidates. The petitioner is possessing Master's degree in Arts (Political Science), and all other eligibility, therefore, filed an application for appointment on the post of L.D.C. in pursuance of the advertisement dated 9.1.2009.

(2.) The petitioner was allowed to appear in the written examination in which he was declared successful, therefore, he was directed to appear in the type test and, in that also, the petitioner was declared successful and his name stood at S. No. 1 in the merit list as he secured 209 marks out of 300 marks.

(3.) After completion of the process for recruitment the petitioner was expecting that as per his top merit he will be provided appointment but no appointment was given to the petitioner. Therefore, a representation (Annex. 4) will filed by the petitioner to provide appointment as per his position in the merit list. In para 7 of the writ petition, it is specifically pleaded that vide notification dated 9.1.2009 applications were invited for appointment on 3 posts of L.D.C. and in the selection process the petitioner succeeded and stood at S. No. 1; but, appointments were given only to the less meritorious candidates belonging to the S.C./S.T. candidates whose names stood at S. No. 20, 48 and 108 in the merit list therefore, it is prayed that the appointment order dated 1.4.2010, in which, all the 3 vacancies have been filled in from amongst S.C./S.T. category candidates may be quashed and respondent may be directed to provide appointment to the petitioner.