LAWS(RAJ)-2019-4-291

SHASHI PRAKASH SHARMA Vs. STATE OF RAJASTHAN

Decided On April 11, 2019
Shashi Prakash Sharma Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The issue agitated in this petition is with regard to the appointment of LDCs in various Zila Parishads pursuant to the advertisement dtd. 12/2/2013, the last date for submission of online application forms in which was 23/3/2013. Admittedly the petitioners did not submitted their online application forms within the permissible time i.e. upto 23/3/2013.

(2.) Following the judgment of this Court in the case of Rajendra Kumar Sharma and Others v. State of Rajasthan and Others SBCWP No. 8679/2017 decided on 31/5/2017 on the issue of grant of experience certificate to the petitioners therein from the day they joined the National Rural Health Mission (NRHM) till 18/4/2013 when they were engaged with the Rural Development and Panchayat Raj Department following the takeover, the petitioners preferred SBCWP No. 14702/2017 titled Ashish Kumar Sharma and Others v. State of Rajasthan and others and SBCWP No. 13736/2017 titled Shashi Prakash Sharma and Others v. State of Rajasthan and Others which were decided on 11/9/2017 and 18/8/2017. By the aforesaid final orders passed ex-parte the Court quoting profusely from the judgment in the case of Rajendra Kumar Sharma (supra) disposed of the petitions directing that "in case, recruitment process is still in progress, case of the petitioners be also considered in terms of the directions given in the case of Rajendra Kumar Sharma (supra)". The petitioners construing the orders dtd. 11/9/2017 and 18/8/2017 as a license to submit offline application forms pursuant to the advertisement dtd. 12/2/2013, then so did in the months of August and September, 2017. The said offline applications forms belatedly filed about four years subsequent to the receipt of application i.e. 23/3/2013 as notified were obviously not considered.

(3.) Hence this petition, praying that the omission of the respondents in non-consideration of the petitioners offline application forms pursuant to the advertisement dtd. 12/2/2013 with due regard to their experience certificate for grant of bonus marks is wholly arbitrary and illegal and the respondents be directed to reckon the petitioners experience all through as obtained working with NRHM and the Panchayat Raj Department for the purpose of grant of bonus marks and also be directed to consider their offline applications for appointment as LDCs in the Zila Parishads where they have applied, pursuant to the advertisement dtd. 12/2/2013.