TARA CHAND BHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed for seeking direction to make appointment, in the cadre of Rajasthan Judicial Service on the basis of the selection in pursuance to the advertisement dated 1.7.1994, to the petitioners and other similarly situated persons if they are otherwise found suitable and eligible, with all consequential benefits and to issue direction to fill -up the vacancies from the Select List prepared in pursuance of the advertisement dated 1.7.1994 as existed on 8.12.1996.

(2.) THE facts and circumstances giving rise to this case are that vide advertisement dated 1.7.1994 published on 15.7.1994 (Annexure. 3) applications were invited from eligible candidates to fill -up 113 posts of Munsif and Judicial Magistrates in Rajasthan. A large number or candidates as well as the present petitioners applied in response to the said advertisement and the Rajasthan Public Service Commission prepared a Select List of 113 successful candidates and, also, a Reserve List containing the names of 57 successful candidates and both the lists were for warded to the Rajasthan High Court to make recommendations to the State Government for making appointment for the purpose of filling -up 113 vacancies advertised on 1.7.1994. Some appointments were made. However, it appears that some persons did not join for one reason or the other and some vacancies remained unfilled. S.B. Civil Writ Petition No. 5934 of 1996,. Sri Swami v. State of Rajasthan and Ors. was filed before the Jaipur Bench of this Court, wherein interim order was passed on 5.12.1996 to fill -up the remaining vacancies and complete the selection for 113 posts advertised. The said interim order stood modified on 28.2.1997 to the extent that six posts remained vacant out of 113 posts as 107 persons had been appointed and direction was given that six persons may be appointed from the reserve list to fill -up the remaining vacancies and complete selection for 113 posts as is evident from the said order contained in Annexure. 10 to the petition. Ultimately, the said writ petition was disposed of vide judgment and order dated 18.9.1997 (Annexure. 11) in terms of the interim order passed earlier. The meaning in sum and substance of this judgment had been that the selection process for 113 posts should come to an and by making appointments from the reserve list strictly in accordance with merit for the remaining few vacancies. The aforesaid judgment attained finality as no appeal was filed against it. It appears that the said process is not yet complete and there are few vacancies as all the 113 posts have not yet been filled -up. Even in this petition, this Court, vide order dated 17.12.1997 has permitted the respondents to make appointments out of the waiting list which is operative under Rule 19 of the concern Rules.

(3.) I have considered the rival submissions made by the learned Counsel for the parties and perused the record.