Devendra Paliwal and Another vs State of Rajasthan and Others

Mohammad Rafiq, J.—This writ petition has been filed by petitioners aggrieved by action of the respondents in giving appointment to certain candidates, who otherwise belonged to reserved category, in general category by way of migration.

Contention of learned counsel for petitioners is that reserved category candidates have got benefit of relaxation in the matter of fee and age and, therefore, they cannot be permitted to migrate to general category.

Shri Sanjay Kumar Sharma, learned Government Counsel for respondents, submitted that a Division Bench of this Court in Rajesh Singh and Others Vs. The State of Rajasthan and others-Special Appeal (Writ) No. 769/2012, has modified the judgment passed by the Single Bench holding as under:-

Upshot of over-all discussions made (supra), all the special appeals (Schedule A) are disposed of and we modify the impugned judgment dt. 27/04/2012 and 08/11/2013 passed by the learned Single Judge to the extent of relaxation in age having been availed by candidates of reserved category and find place in the select list on dint of merit of general/open category vacancies, deserves to be migrated against general/open category vacancies; but at the same time, candidates availing special relaxation/concessions while participating in competitive test/process of selection, if find place in select/merit list of general/open category vacancies, they are not eligible to be migrated against open/general category vacancies and shall occupy the reserved seat in their respective category; as a result whereof, para (a) of the Circular issued by the State Government dt. 11/05/2011 being not in conformity with the mandate of law ca not be made applicable for public employment & accordingly deserves to be quashed & set aside.

The controversy raised in this matter is squarely covered by the decision of Division Bench of this Court in Rajesh Singh, supra. The Division Bench held that the candidates of reserved category availing relaxation in age and find place in the select list on dint of merit of general/open category vacancies, deserve to be migrated against general/open category vacancies.

At this stage, learned counsel for petitioner submitted that the respondents be directed to consider the case of the petitioners, if there are still availability of certain vacancies in general category, but he has not been able to point out any single case where any candidate of general category below in merit than the petitioners has been given appointment.

Learned Government Counsel for the respondents State, on the contrary, submitted that the further recruitment process has already been undertaken and all the leftover vacancies, if any, available of that advertisement, have already been filled in.

In view of the above, I find no case for interference. Writ petition is accordingly dismissed.