Dr. Laxman Singh and Others vs Rajasthan Public Service Commission and Another

Mohammad Rafiq, J.—This writ petition has been filed by Petitioners who are Medical Officers serving with Respondent State for quite some time. Contention of learned Counsel for Petitioners is that since they are already serving with Respondent State, therefore they should be granted exemption from appearing in screening test and they should be straightaway allowed to appear in interview for final selection for appointment on post of Medical Officer pursuant to advertisement dated 18.09.2009.

Learned Counsel for Petitioners submits that in earlier set of similar matters, Petitioners were allowed to appear in examination pursuant to interim order.

Learned Counsel also cited judgment of Division Bench of this Court to argue that Division Bench in Special Appeal (Writ) No. 468/2006 - Dr. Bheru Singh v. The State of Rajasthan and Ors., decided on 24.01.2008 along-with cognate matters, in which those Petitioners, who were permitted to appear in interview under interim order of the court and if they had passed interview, were directed to be empanelled by the Commission in the select list.

I am afraid, such a relief cannot be granted to Petitioners because number of writ petitions, one of them is WP No. 1454/2006, decided on 03.04.2006, raising similar plea, were dismissed. Even the Division Bench judgment may not be of any help to Petitioners because last line of judgment clearly said that this shall not be treated as precedent.

Writ petition filed by Petitioners is therefore dismissed.