Jay Prakash and Others vs State of Rajasthan

I.S. Israni, J.—All these writ petitions involve same question of law and they are disposed of by one common order.

In this writ petition, it has been prayed that the petitioners who have received training at the B.M. Education Trust, Pilani in the year 1984-85 session be considered for appointment as Live Stock Assistant as others have been considered.

Non-petitioner No. 2 the Director, Animal Husbandary, Government of Rajasthan, Jaipur, issued advertisement dated 16-5-1986, inviting applications from eligible candidates for appointment on the vacant posts of Livestock Assistant and other, equivalent post. The appointment and procedure was to be as per the Rajasthan Animal Husbandary Subordinate Rules, 1977 (here in after referred to as the Rules). A copy of the advertisement Annexure-1 has been filed. The petitioners and several other persons being qualified, submitted their applications. The petitioners had taken admission in the B.M. Education Trust, Pilani for the training course of veterinary live stock assistant in the 1984-85 session and completed the same successfully as is apparent from the mark sheet issued to each of the petitioner, which has been marked as Annexure-2, in each of the petitions. It is also borne-out from the aforesaid mark-sheets that the examination was conducted by Non-petitioner No. 2, at the Government Animal Husbandary School, Jaipur. Annexure-4, dated 11-11-1983, is document stating that recognition to the B.M. Education Trust for its training-course in Veterinary compounder/Live Stock Assistants has been extended. It is further stated that the non-petitioner No. 2 under communication dated 21-5-1987 categorically committed regarding the recognition to the training imparted by the B.M. Education Trust for the session 1984-85 by the State Government. Copy of this document is marked as Annexure-6. It is further stated that some appointments on the post of Live Stock Assistants have been made ignoring the claim and consideration of the petitioners who had been imparted training as candidates at the B.M. Education Trust for 1984-85 session. The non-petitioners have filed the return and in para 2 of the same it has been stated that by order dated 1-9-1989, copy of which is annexed with the reply, that the State Government after scrutinising has recognised the Baba Mongipa Education Trust, Pilani training certificate for appointment on the post of Live Stock Assistant. How ever, it may be stated that the recognition has already been extended as mentioned above It is further stated in para 2 by the non-petitioners that a direction has been given for preparing the common list according to merit of all those persons who were imparted training from the institution run by the Baba Mongipa Education Trust, Pilani and run by the Animal Husbandary Department, and the petitioners case will also be examined and if they are found in merit, their names shall be placed in the list. It is also stated that the selection will be made as per the rules. It may be further mentioned that the non-petitioners have filed copy of the order dated 1-9-1989 marked as Annexure R/1, in which it has been mentioned that year wise merit list shall be made so far as the appointments on the posts of Live Stock Assistant are concernced.

In this view of the matter, it is hereby directed that the non-petitioners shall frame a year-wise common merit list of all qualified persons who have received the training from B.M. Education Trust or from the institution run by Animal Husbandary Department and shall consider the petitioners on merit and that their names shall be placed in the common list so prepared.

The writ petitions are, therefore, allowed with no order as to costs.