BHANRU LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant had applied for the post of Physical Training Instructor Grade II (hereinafter referred to as PTI Grade II) for the year 2003 -04 in response to the advertisement dt. 21.08.2003. Before the appellant could appear in the interview, the selection process was kept in abeyance by the respondents. The appellant had filed writ petition for a direction to the respondents to complete the process of appointment to the post of Physical Teacher Grade II and to issue an appointment letter to him. The petition was dismissed by the Single Bench vide order dt. 09.12.2014 which is impugned in the instant special appeal. Learned counsel for the appellant has submitted that the selection process for the post of PTI Grade II for the year 2003 -04 had been arbitrarily kept in abeyance by the respondents thereby seriously jeopardizing the right of appointment of the appellant. He has further submitted that the action of the respondents in not completing the recruitment process is not bona fide and no reasons have been spelt out in the order dated 30.12.2006 which should have been set aside by the Single Bench. In support of his submissions, he has relied upon judgment of the Supreme Court in the case of Mohinder Singh Gill and Anr. vs. Chief Election Commissioner, New Delhi and Ors., reported as : 1978 (1) SCC 405.

(2.) We have heard learned counsel for the appellant and perused the record.

(3.) It is apparent that the appellant had applied for appointment to the post of PTI Grade II but even before the process of selection could be completed or the merit list prepared, the entire selection was kept in abeyance vide order dt. 30.12.2006. The respondents, in their reply to the writ petition, have submitted that earlier advertisement for filling up 57 posts of Physical Teacher Grade II against the vacancies for the year 1998 -99 had been issued and even the selection process was over but they had to make 73 additional appointments against 57 advertised posts for the vacancies of the year 1998 -99 in compliance of various orders issued by the Court. In case they had completed the process of selection in question for 64 posts, they would not have been able to comply with the orders of the Court. It is also stated that in the meantime, the respondents had decided to conduct the process of recruitment through the Rajasthan Public Service Commission (hereinafter referred to as 'RPSC') and the recruitment for the posts of PTI Grade II and III has already been conducted by the RPSC vide advertisement dt. 09.09.2008 for filling the backlog for Scheduled Caste and Scheduled Tribe category. The RPSC had even issued advertisement in the year 2012 for recruitment to the posts of PTI Grade II and III.