MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners in this writ petition have challenged the condition No. 3 contained in the advertisement dated 9. 1. 1996 and have prayed for a writ of mandamus directing the respondents to provide them appointment in accordance with their merit position and declare restriction contained in the aforesaid condition No. 3 as illegal and ultra vires of Article 14 and 16 of the Constitution of India.

(2.) THE respondents Municipal Corporation, Jodhpur issued an advertisement dated 9. 1. 1996 inviting thereby applications for appointment on the post of Safaiwala. Condition No. 3 of the said advertisement however stated that appointment shall be given to only those in whose family no one was already in employment anywhere.

(3.) ON consideration of the matter in the light of the aforesaid authoritative pronouncement of the Hon'ble Supreme Court, I find that there is no intelligible differentia behind the impugned restriction inasmuch as this restriction does not have any reasonable nexus with the object sought to be achieved. Clearly, this condition places an arbitrary and unreasonable restriction seeking to defeat legitimate right of the eligible candidates.