An appeal challenging a writ petition dismissal regarding remaining vacancies for the post of Prabodhak. The court held that the government has the prerogative to leave vacancies unfilled absent allegations of extraneous considerations, and dismissed the appeal.
The appeal was dismissed, affirming the order which dismissed the writ petition for writ.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
D.B. CIVIL SPECIAL APPEAL (WRIT) NO.791/2014 (BANSHI LAL V/S STATE OF RAJASTHAN & ANR. ***
DATE OF ORDER
11.02.2015
HON'BLE MR. GOVIND MATHUR,J HON'BLE MISS JAISHREE THAKUR ,J
Mr.Jagdish Vishnoi for Mr.Bheemkant Vyas for appellant.
This appeal is preferred to challenge the order dated 05.03.2014 passed by the learned Single Bench dismissing S.B.Civil Writ Petition No.1212/2011.
In brief, facts of the case are that the appellant faced process of selection to be considered for appointment as Prabodhak as per the provisions of Rajasthan Prabodhak Services Rules, 2008. The process of selection aforesaid was conducted to fill up 794 existing vacancies. The respondents chose to fill up 643 vacancies out of the total existing vacancies for which the process of selection was conducted. The claim of the appellant is that the respondents are still having 150 vacancies including 18 vacancies relating to women candidates belonging to Other Backward Class and all these vacancies are required to be filled up by the respondents in the order of merit. The learned Single Bench dismissed the petition for writ by holding that no person less meritorious than the appellant was employed as Prabodhak, therefore, the appellant cannot claim as a matter of right for his appointment on the post concerned.
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In appeal, it is submitted by learned counsel for the appellant that though no person less meritorious than the appellant was employed but the respondents are required to fill up all the existing vacancies including the vacancies pertaining to OBC (Woman) category by operating the select list. We do not find any merit in the argument advanced. The respondents after filling up 643 vacancies did not choose to fill up rest of the vacancies and it is their prerogative. The court could have interfered in the matter in eventuality of non filling of these vacancies for extraneous consideration but in the instant matter no such allegation is made. As such, we are not inclined to interfere with the order passed by learned Single Bench.
The appeal is dismissed accordingly.
[JAISHREE THAKUR], J. [GOVIND MATHUR], J.
Anil Singh
3 issues framed by the court
Whether the High Court can direct the respondents to fill remaining vacancies in the order of merit including OBC (Women) categories where no merit-based complaint against the selection list is raised
Whether the non-filling of remaining government vacancies comes within the scope of judicial writ jurisdiction in absence of extraneous considerations.
Whether the appellant's claim for appointment to the post of Prabodhak has merit based on the existing vacancies.
Bheemkant Vyas / Banshi Lal
State of Rajasthan & Anr.
Govind Mathur
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
