ALOK GARG Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS is second round of litigation on behalf of the petitioner wherein he has approached this Court praying for the following relief(s): - -

(2.) BRIEFLY , the indispensable skeletal material facts necessary for appreciation of the controversy raised herein needs to be first noticed. The petitioner successfully participated in the competitive examination conducted by the Rajasthan Public Service Commission, Ajmer (hereinafter referred to as the 'Commission', for short), for the post of Lower Division Clerk. Name of the petitioner found place at serial number 52 in the merit list, and he was allotted the Law and Legal Affairs Department for placement vide communication dated 20th July, 2001. Later on, the petitioner was directed to appear before the State Consumer Commission on 28th November, 2001. Since, the petitioner was not allowed joining, he moved this Court by instituting SBCWP Number 4445 of 2003, which was decided on 10th October, 2006, directing the respondents to allow joining for which the petitioner was insisting since 2001.

(3.) IN response to the notice of the writ application, the State -respondents have filed their counter affidavit supporting their stand relying upon the notification dated 13th February, 2007 (Annexure -8), amending the Rajasthan Service Rules, 1951 (for short 'Rules of 1951'), by insertion of 'Note (vi)' below Rule 8, which contemplates appointments of the selectees to be governed in accordance with the amended rules with an exception to the recruitment process, which was completed and appointments were issued prior to 20th January, 2006, except to some of the selectees because of stay orders of Court or any other justified reason. The State -respondents relied upon Rule 30 of the Rajasthan Public Service Commission (Ministerial & Subordinate Service) Rules and Regulations, 1999, which contemplates that inclusion of a candidate's name in the list confers no right to appointment unless the appointing authority is satisfied, after such inquiry as may be considered necessary, that such candidate is suitable in all other respect for appointment to the post concerned.