STATE OF RAJASTHAN Vs. HANUMAN JAT

JUDGEMENT

(1.) Initially, the intra-court appeals came to be preferred against the interim orders passed by the learned Single Judge in the batch of writ petitions on 27th April 2016 and also thereafter. It would be appropriate to quote the interim order dated 27th April, 2016:-

(2.) When the special appeals filed against the interim order came at the motion stage, it was brought to the notice of this Court that the root question raised in the batch of writ petitions is in regard to the procedure, which has been adopted by the Rajasthan Subordinate Ministerial Service Selection Board (for short "the Board") in holding the preliminary examination for short-listing the candidates and preparing the list of candidates 15 times the number of vacancies category-wise, to be admitted to the main examination, initiated pursuant to the advertisement dated 4th Nov., 2015 advertising 4400 posts of Patwari (3979 for non-scheduled areas and 421 for scheduled areas) in relation to various districts. The preliminary examination was held on 13.2.2016 for short-listing the candidates and result was declared on 17.3.2016 and accordingly, a list of candidates 15 times the number of vacancies category-wise was prepared and published for being admitted to the main examination scheduled to be held on 7th May, 2016. At the time when the appeals were being heard against the interim orders, both parties jointly consented that since the facts are not in dispute and a short question of law is involved and a large number of writ petitions are being filed, the Court may, if considered appropriate, list the writ petitions itself before the Division Bench. On the consent of the parties, vide order dated 3rd May, 2016, we directed the Registry to list all the writ petitions arising from the advertisement dated 4th Nov., 2015 in regard to the selection process, which the Board initiated of the post of Patwari, before the Division Bench. In compliance of the said order, the writ petitions are listed before us on 4th May, 2016 along with the appeals and the matters were heard on 4th May, 2016. Since the main examination was scheduled to be held on 7th May, 2016 and no time is left to pronounce the final judgment before the scheduled date of examination, we reserved the judgment and observed that let the date of examination may be postponed awaiting decision of this Court.

(3.) In the batch of writ petitions, the procedure, which has been adopted by the Board in holding the preliminary examination for short- listing the candidates and preparing the list of candidates 15 times the number of vacancies category-wise to be admitted to the main examination is assailed being illegal and violative of Art. 14 of the Constitution. The facts and circumstances that emerged the group of writ petitions are as under: