VIRENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these appeals challenge a common judgment and order of a learned Single Judge, who disposed of a large number of writ petitions, which had impugned the recruitment and appointment to the post of Safai Karamcharis, through a process that began in April, 2018.

(2.) The State of Rajasthan (hereafter "the State") by advertisement dtd. 13/4/2018, invited applications from eligible candidates for appointment as 'Safai Karamchari' (hereafter "the 2018 recruitment"). Simultaneously, the State withdrew its earlier advertisements dtd. 25/5/2012 and 31/5/2012, to the extent of appointments not made, after completion of selection process (in terms of those two advertisements). The State however clarified that those participating in the two recruitments of 2012, were to be considered in the new selection process initiated by advertisement dtd. 13/4/2018, by allowing age relaxation to them. Writ petitions were instituted challenging the 2018 recruitment process, on various grounds. The grounds urged were firstly, legality of the procedure for direct recruitment on the basis of a lottery system; secondly whether SC/ST reserved category candidates could be considered for OBC or general category vacancies after the vacancies for their category were filled; thirdly, legality of including vacancies left over from the selection process of year 2012, to the extent where appointments could not be made, in the 2018 recruitment.

(3.) The brief facts are that a learned Single Judge of this Court, in SBCWP No. 1177/1992: Sushila vs. State of Rajasthan and Ors. (decided on 21/10/1992) inter alia, directed selection on the basis of lottery system, relying upon an earlier decision in Rajasthan Dainik Vetan Bhogi Anshkalin Safai Mazdoor Sangathan and Ors. vs. State of Rajasthan and Ors. (90) : 1992 (2) RLR 516 which had stated that where no minimum qualifications are prescribed, appointments can be resorted through the lottery system. Accordingly, on 13/1/2003, a circular was issued for selection on the basis of lottery. Shankar and Ors. vs. State of Rajasthan and Ors.: (SB CWP No. 10715/2009) however deprecated the circular dtd. 13/1/2003, providing for appointment by lottery system, in the absence of statutory rules enabling such a procedure.