LAWS(RAJ)-2008-11-55

BABU LAL BAIRWA Vs. STATE OF RAJASTHAN

Decided On November 06, 2008
Babu Lal Bairwa Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This writ petition has been filed by the petitioner with the prayer that the respondents be directed to consider his candidature for appointment in Rajasthan Co -operative Subordinate Services (Co -operative Inspector Gr. II) as per his placement in the order of merit prepared pursuant to the advertisement 15.5.99. According to the learned Counsel for the petitioner, though the petitioner bad given preference for appointment in the Rajasthan Co -operative Service but eventually he was not appointed because of his merit position. Subsequently, the petitioner came to know that candidates lower in merit than him, were given appointment in the Rajasthan Co -operative Subordinate Services (Co -operative Inspector Gr.II) ignoring the petitioner for such appointment, therefore, he filed writ petition with the prayer that action of the respondents be declared illegal and the respondents be directed to recommend his case for appointment in such service.

(3.) Learned Counsel for the respondents opposed the writ petition and submitted that select list was prepared as per merit and ultimately recommendation for appointment in various services including subordinate service was made on the basis of preference indicated by the candidates in their application forms. While the petitioner in the option form indicated his preference and opted for being appointed in Rajasthan Co -operative Services which is State Service but no option was exercised by him for his appointment in Rajasthan Co -operative Subordinate Services. He cannot therefore now claim to be appointed in that services. It was contended that the dispute pertains to the selection of the year 1999 and appointment on all the advertised posts have been made long ago. At this stage, even otherwise, nothing can be done.