AGRAWAL SHIKSHA SAMITI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition the petitioners- Institution seeks to challenge the order dated 1. 8. 1994 of the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (for short `the Tribunal) in case No. 127/94 whereby the Tribunal has directed the petitioners-Institution to fill the vacant post of Library LDC by promoting respondent No. 3 Beni Prasad Saini, who is class-IV employee.

(2.) BRIEFLY stated the relevant facts of the case are that the respondent No. 3 filed an appeal before the Tribunal for seeking direction for filling the post of Library LDC by promoting him and further the advertisement issued for filling the same be quashed. It has also been prayed that in case during pendency of the appeal, the post is filled in pursuance to the said advertisement, then the same be declared illegal and contrary to law. In the appeal before the Tribunal, the respondent No. 3 has submitted that he is class-IV employee in Agrawal College since 25 years having qualification of Higher Secondary with Certificate in library science and a post of Library LDC is vacant in the college, hence, the same be filled by promotion taking into consideration the Rajasthan Subordinate & Ministerial Staff Service Rules, 1957 (for short `the Rules of 1957') wherein 13% quota is reserved for filing the post of LDC from class-IV. He has also submitted that one Shri Awdesh Kumar - Class IV employee was given promotion to the post of Lab Assistant.

(3.) ALTHOUGH no reply has been filed by respondent No. 3 but the memo of appeal filed by him before the Tribunal is on record as Annexure-1.