Rohit vs State Of Rajasthan And Ors

By way of the present writ petition, the petitioner has prayed for a direction to the respondents to afford appointment on the post of Constable, pursuant to the advertisement dated 24.10.2010.

For the relief aforesaid, petitioner has earlier preferred a writ petition being SB Civil Writ Petition No.7008/2011, which came to be dismissed by a Co-ordinate Bench of this Court vide order dated 09.03.2015 in view of judgment dated 16.01.2014 rendered by Division Bench of this Court at Jaipur Bench in DB Civil Special Appeal (W) No.769/2012 (Rajesh Singh & Ors. Vs. State of Rajasthan & Ors.).

It is pertinent to note that vide Judgment dated 27.4.2012, the learned Single Judge, while deciding the identical controversy in a bunch of writ petitions led by SB Civil Writ Petition No.15152/2011 (Madan Lal Vs. State of Raj. & Ors.), has held that candidates who had availed fee relaxation and not those who had availed age relaxation in the reserved category, can be migrated to the unreserved seats.

The Division Bench in case of Rajesh Singh (supra) while modifying the judgment aforesaid held that such candidates who have taken age relaxation would also be considered for the unreserved seats.

Such decision of the Division Bench came to be challenged before Hon'ble the Supreme Court in Civil Appeal No. 8351/2017, arising out of SLP (C) No. 30603/2014, Gaurav Pradhan & Ors. Vs. State of Rajasthan & Ors., wherein, vide order dated 18.08.2017, the Division Bench Judgment was set aside and the view taken by learned Single Judge was affirmed.

In these changed circumstances, petitioner has again approached this Court by way of filing the present writ petition.

On 15.10.2019, when the matter was listed before the Court, it was submitted by learned counsel for the respondents, that in view of the directions issued by the Hon'ble the Supreme Court in Gaurav Pradhan's case (supra), the matter is being considered by constituting appropriate review committee at departmental level. The order dated 15.10.2019 reads thus;

"Learned counsel for the respondent submits that in the light of the judgment passed by Hon'ble Supreme Court in the case of Gaurav Pradhan & Ors. vs. The State of Rajasthan, decided on18/08/2017, the matter is being reconsidered by constituting the appropriate review committees at the departmental level. He seeks some time to place outcome of the same on record.

It is expected from the respondents that necessary review committees will be constituted and deliberated as expeditiously as possible preferably within a period of two months from today and the outcome of the same will be placed before this Court by way of filing an affidavit. List the matter after eight weeks, as prayed."

In pursuance of the order aforesaid, decision of the review committee dated 05.12.2019, has been placed for perusal of this Court in a sealed envelope.

Upon perusal of the same, it transpires that the review committee has considered petitioner's case and placed his name in the select list.

As such, no order is required to be passed in the present writ petition.

The present proceedings are thus disposed of with a direction to the respondents to issue order of appointment to the petitioner within a period of four weeks from today.

Stay petition also stands disposed of.