B L OJHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ application, the petitioner Shri B.L. Ojha challenges the vires of Rule 28(v) of the Rajasthan Cooperative Service Rules, 1954 (hereinafter called 'the Rules').

(2.) BEREFT of unnecessary details, the facts giving rise to this writ application are that initially the petitioner was appointed as an Auditor in the Cooperative department on 17 -10 -52 and was confirmed on that post with effect from 14 -11 -53 by order dated 27 -9 -55. Thereafter posts of Grade II Inspector were advertised by the Rajasthan Public Service Commission (hereinafter called 'the Commission'). The petitioner applied for that post and was selected and was appointed as Inspector on temporary basis on 5 -3 -55. Later by an order of the Government dated 8 -8 -55, the posts of Auditor were also converted into the posts of Inspectors Grade II and the petitioner was also placed in that cadre. The posts of Assistant Registrar were advertised by the Commission in the year 1959 and the petitioner had appeared and according to him, selected for that post but for one reason or the other, the recommendations were withdrawn by the Commission in 1963 and the petitioner could not be appointed as Assistant Registrar on that basis. However, he was appointed as Assistant Registrar on a temporary basis by an order dated 2 -11 -60.

(3.) IT was also contended that the petitioner's case was not correctly placed before the Departmental Promotion Committee and, therefore, he could not be selected in 1962 and if the correct position had been placed before the Departmental Promotion Committee, the petitioner would certainly have been selected and non -petitioners Nos. 16 to 25 would not have been so selected. One of the contentions of the learned Counsel was also to the effect that the selections made by the Commission in 1959 had wrongly been withdrawn.