AMBA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of filing present writ petition, the petitioner has prayed that respondents may be directed to give appointment to the petitioner on the post of Teacher Gr. III in Barmer District with effect from the date of filing the present writ petition with all consequential benefits. It is also prayed that the fixation of period of select list upto 31. 3. 1996 is illegal and the select list so prepared would have to be operated till the same is exhausted or at least new select list is prepared and the vacancies which become available during such period are required to be filled up from the select list so prepared. In the alternative, it is prayed that the respondents may be directed to extend the period of select list by the period equivalent to the period from 18. 7. 1995 to 20. 11. 1995 and consider the case of the petitioner for appointment on the post of Teacher Grade-III.

(2.) THE facts inter alia stated in the writ petition are that the name of the petitioner was sponsored by the Employment Exchange in pursuance of the requisition sent by District Education Officer (Boys), Barmer and he was called for interview vide Annexure-1 and after interview the merit list was prepared and as per the petitioner his name was included in the merit list at Sl. No. 447.

(3.) LEARNED counsel for the petitioner while inviting attention of this Court towards para-7 of the aforesaid affidavit submitted that admittedly 19 vacancies were available due to non joining of persons who were provided appointment vide order dated 23. 3. 1996, therefore, in view of the judgment of this Court which is based on the judgment of Hon'ble Apex Court, the respondents may be directed to consider the case of the petitioner for providing appointment against those 19 vacancies which were in existence because six persons were provided appointment again on 8. 9. 1996 that is to say after 31. 3. 1996, therefore, the respondents cannot discriminate the right of consideration for appointment on the ground that merit list was expired on 31. 3. 1996. In these circumstances, the petitioner has prayed that the respondents may kindly be directed to offer appointment to the petitioner as per his merit and grant him all the consequential benefits.