MEETHANATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Meethanath @ Meethesh Nirmohi has filed this writ petition seeking relief that selection proceedings in pursuance of advertisement No. 5/90-91, conducted by respondent No. 2 Rajasthan Public Service Commission (hereinafter referred to as ``the Commission'') may be declared illegal and quashed and consequent appointment orders may be set aside.

(2.) WITHOUT prejudice to the above relief, the petitioner has further prayed that appointment of Shri Radhey Shyam Koli, respondent No. 4 who had not qualified the screening test and was wrongly called for appearing before the selection committee for interview may be declared illegal and quashed.

(3.) THE petitioner has raised the contention that he belongs to scheduled caste category and, after rejection of his candidature, one Radhey Shyam Koli who had secured less marks in the qualifying screening test was called to appear at the interview and, during the course of pendency of the writ petition, Shri Koli was interviewed as scheduled caste category candidate whereas by virtue of the ad interim order passed by this Court in favour of the petitioner, the petitioner was also interviewed; meaning thereby, the right of the petitioner to be interviewed was finally adjudicated while holding him eligible and qualified for recruitment to the post, therefore, according to the petitioner, Shri Radhey Shyam Koli was not even entitled to be considered for appointment because, after the petitioner having been declared eligible for appearing at the interview by this Court, candidature of Shri Radhey Shyam Koli was to be ignored by the Commission inasmuch as Shri Koli had secured less marks in the screening test than the petitioner and Shri Koli had been called to appear at the interview as the candidature of the petitioner was rejected by the Commission. THE petitioner having been declared eligible, thereafter, Shri Radhey Shyam Koli had no right to be interviewed because as per the reply of the respondents, when the petitioner was held ineligible then Shri Radhey Shyam Koli was included in the list of candidates for interview in the category of Scheduled Caste. THErefore, according to the petitioner, the respondents were under obligation to provide appointment to the petitioner and candidature of Shri Radhey Shyam Koli, who had been substituted while rejecting the candidature of the petitioner, was to be ignored. But, the respondent Commission selected Shri Radhey Shyam Koli illegally.