MOOL CHAND BANSAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant petition has been filed with the prayers that by an appropriate writ, order or direction, Respondent No. 2 - the Rajasthan High Court may be directed to place on record the letter dated 5. 6. 2004. It is further prayed that the impugned order dated 14. 2. 2005, passed by Respondent No. 3 - the District & Sessions Judge, Churu may be quashed and set aside. It is also prayed that Respondent No. 3 may be directed to hold the examination in terms of the Rajasthan High Court's communication dated 5. 6. 2004 and the petitioner may be given reasonable opportunity to appear in the examination and looking to the long period of his service, he may be regularised.

(2.) BRIEF facts giving rise to the instant petition are that the petitioner has passed the Higher Secondary Examination in the year, 1985 from the Board of Secondary Education, Rajasthan, Ajmer. The petitioner also possesses the qualification of typing. Thus, in view of his educational qualification, he was fully eligible for being appointed as Lower Division Clerk in accordance with the Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986 (hereinafter referred to as `the Rules', 1986' ).

(3.) THE petitioner was called upon to appear in the examination in accordance with the Rules, 1986, for regular appointment on the post of Lower Division Clerk. THE petitioner appeared in the said examination, but, unfortunately, he could not qualify the same. But he was allowed to continue.