MAYURA GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition by Dr. (Mrs.) Mayura Gupta Under Article 226 of the Constitution of India praying for a direction that the State of Rajasthan may requisition her name from the Rajasthan Public Service Commission, Ajmer for the purpose of making her appointment on a vacant post of Lecturer in Gynaecology.

(2.) THE petitioner passed her MBBS Examination in the year 1978 and MS in Gynaecology, from SN Medical College, Ajmer in the year 1987. She had also worked as CAS from December, 1980 to September, 1985. The Rajasthan Public Service Commission on a requisition from the Government of Rajasthan invited applications for 11 posts of Lecturers in Gynaecology. There were posts advertised, out of which 6 posts were temporary and were likely to become permanent and five were lien vacancies Two posts were reserved for Scheduled Caste and one post Scheduled Tribe. In case, candidates belonging to Scheduled Caste and Scheduled Tribe were not available, post were to be filled in by general category. The Rajasthan Public Service Commission interviewed the candidates and prepared a list of selected candidates The petitioner's name was not there in the main list. How ever, her name did find place at Sr. No. 5 of reserved list. It is also alleged that two candidates Dr Sadhana Kaur and Nirmala Tater filed writ petitions No. 4646 of 1988 and No. 4452/1988, but these writ petitions were ultimately dismissed on February 28, 1989. The petitioner alleges that she came to know that even after expiry of six months requisition for two more vacancies had been sent by the Government to the Rajasthan Public Service Commission for calling names from reserve list and the Commission had sent two names of Dr. Kusum Bhandari and Dr. Manju Meheshwari. She states that she came to know that there were four more vacancies, it addition to the 11 advertised posts, for which requisition has already been sent, and 9 appointments had been made. She further stales that the Government of Rajasthan has arbitrarily asked only for names of two candidates from the reserve list and, that also after the expiry of six months from the first requisition and has, thus, discriminated against the petitioner without any reasonable cause. On this ground the petitioner seeks a direction from this Court Under Article 226 of the Constitution of India for the requisition of her name from the Rajasthan Public Service Commission.

(3.) THE petitioner wants requisition of her name from the reserve list to till in the vacancies which occurred during subsequent period of 12 months. That is not permissible under the Rules.