HARISH NAGPAL Vs. STATE AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties. Instant writ petition has been filed by the petitioner seeking following reliefs :-

(2.) As per facts of the case, petitioner being eligible for appointment on the post of Sr. Demonstrator in Forensic Medicine applied in pursuance of advertisement dated 16.02.1999 issued by respondent Rajasthan Public Service Commission (for short 'RPSC' hereinafter) whereby eight posts of Sr. Demonstrator in the subject of Forensic Medicine were advertised.

(3.) In the advertisement No. 4/98-99 issued on 16.02.1999, reservation was also provided as per rules for recruitment on the post in question, more specifically one post was kept reserved for Scheduled Caste candidate and one for Scheduled Tribe candidate and two posts were kept reserved for backward class candidates and remaining four posts were advertised for General category candidates. Petitioner being eligible candidate was called for interview by the Rajasthan Public Service Commission and after facing interview, the Commissioner published list of selected candidates in order of merit and names were recommended to the Government as per merit vide letter dated 02.06.2000 which is placed on record as Annex.4. The name of petitioner was included in the reserve list at Serial No.2 in the General category candidate. It is stated in the writ petition that one selected candidate Dr. Mahesh Khadgawat whose name was at Serial No. 3 in the main list passed away and one another candidate Dr. Neelam Agarwal whose name was at Serial No.5 of the main list did not join on the post of Sr. Demonstrator in Forensic medicine, therefore, two posts remained unfilled from select list recommended for appointment by the Commission to the Government.