RAKESH CHAUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this appeal, the appellants have assailed the judgment and order of the learned Single Judge whereby the learned Single Judge has dismissed the petition.

(2.) Counsel for the appellants has contended that the posts which are created are statutory encadered posts under Rule 258 read with 258(3) & 258 (9) of the Rules of 1996 and he contended that the same was amended but on account of guidelines which have been issued by the State Government, the appellants may not be selected as arbitrary power has been conferred to the local Gram Panchayat and also taken us to Rule 259 of the Rules of 1996 where the manner of recruitment is required to be adopted. He further contended that the learned Single Judge has seriously committed an error in following the judgment in the case of Surendra Kumar Gurjar & Ors. v. State of Rajasthan & Ors. decided on 3rd April, 2017 which reads as under :-

(3.) He further contended that in view of the decision of Supreme Court in case of D.V. Bakshi & Ors. v. Union of India & Ors. (1993) 3 SCC 663 in para 7 which reads as under :-