SHESHNATH RAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner by this writ petition seeks to claim a direction against the respondents to be given appointment as Senior Teacher (English) by considering his candidature against the post reserved for Ex-servicemen as per the Rules of 1988 with all consequential benefits.

(2.) The case of the petitioner is that he acquired the requisite academic qualification including graduation and B.Ed., and thereafter he joined the Indian Air Force where he was enrolled on 14.5.1976, and after completing more than 21 years of service, was discharged from Air Force w.e.f. 31.5.1997. Discharge Certificate is produced as Annexure-3. The petitioner claims that under the Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules, 1988 (hereinafter referred to as the Rules of 1988) exservicemen have been provided reservation to the extent of 12.5% of the posts in the Ministerial and Subordinate Services and 15% of the posts in Class-IV services. The case of the petitioner is that after discharge, he applied for appointment on the post of Teacher Gr.III wherein he was selected, and he joined. Appointment order is produced as Annexure-4. This was of the year 1999. Then, Advertisement Annexure-5 came to be issued for filling in the vacancies of Senior Teacher and Physical Teachers Gr.II for the Session 2003-04 by way of direct recruitment, in response thereto the petitioner applied for the post of Senior Teacher English (Boys Schools) for which 120 seats were advertised, and this advertisement also stipulated that the reservation shall be available for ex-servicemen in accordance with the State Government's order. According to the petitioner interviews were initially fixed, however, the same could not take place, and the merit list was fixed on the notice board on 13.10.2003 wherein the petitioner was shown at S.No.2. However, on account of some stay orders by this Court interviews did not take place, and on the same being vacated the interviews were fixed to be held on 28.3.2005, but then, the petitioner was not called to participate in the interview. On enquiry it was revealed that the petitioner had not been called because he has already availed the benefit of reservation of ex-servicemen while applying for appointment on the post of Teacher Gr.III, and therefore, the same cannot be extended for appointment on the post of Senior Teacher. With these facts the present writ petition has been filed on 3.8.2005. Vide order dt. 12.8.2005 the writ petition was admitted, and today comes up for consideration of stay petition.

(3.) Reply has been filed on behalf of the state respondent practically not disputing the factual position but contending in para-8 that since the petitioner has already got the benefit of reservation while being appointed as Teacher Gr.III, therefore, he is not entitled to benefit any further, and in that regard circulars Annexures-1, 2 and 3 have been relied upon. Various other paras have also been replied, but then the substance of the contention is this only.