Dismissed

Archana Jawa and Ors. v. State of Rajasthan and Ors.

Rajasthan HC5 Sept 2018SAW/677/2017

Case brief

AI extract

What is this about?

Appeals against dismissal of writ petitions seeking appointment in vacant Safai Karamchari posts. The High Court found no vacancies in the general or OBC categories due to prior judicial appointments and interim orders, and noted appellants belong to general/OBC categories, not ST, so no relief could be granted and appeals were dismissed.

What did the court decide?

Awaiting appointment or order directed in earlier dismissed writ petition. No direct appointment order granted by this court.

Archana Jawa and Ors. Vs State of Rajasthan and Ors. — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Spl. Appl. Writ No. 677/2017

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Archana Jawa Wife Of Shri Dayanan Jawa, By Caste Jawa, Resident Of Nathusar Gate, Harijan Basti, Bikaner.

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Anil Kumar Barsa Son Of Shri Teja Ram Barsa, By Caste Barsa, Resident Of Nathusar Gate, Harijan Basti, Bikaner.

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Rajay Kumar Son Of Shri Vijay Kumar, By Caste Valmiki, Resident Of Valmiki Basti, Chotti Guwad, Bikaner.

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Momraj Chanwaria Son Of Shri Prakash Chand Chanwaria, By Caste Chanwaria, Resident Of Valmiki Basti, Badi Guwad, Bikaner.

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Pukhraj Son Of Late Shri Anand Prakash Jawa, By Caste Jawa, Resident Of Nathusar Gate, Harijan Basti, Bikaner.

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----Appellants

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Versus

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The State Of Rajasthan Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Director, Directorate, Local Self Department, Rajasthan, Jaipur.

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Municipal Corporation, Bikaner. Through Its Commissioner.

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----Respondents

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Connected With

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D.B. Spl. Appl. Writ No. 616/2017

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Mukesh S/o Shri Budha Ram, By Caste Valmilki, aged about 35 years, Resident Of - Nathusar Gate, Harijan Basti, Bikaner.

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Gopal S/o Shri Prahlad Ram Chanwaria, By Caste Valmiki, Resident Of - Nathusar Gate, Harijan Basti, Bikaner.

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Supriya W/o Shri Dhanraj, By Caste Valmiki, Resident Of - Bapu Colony, Sagar Road, Bikaner.

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----Appellants

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Versus

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The State Of Rajasthan Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.

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(2 of 4)

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[SAW-677/2017]

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The Director, Directorate, Local Self Department, Rajasthan, Jaipur.

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Municipal Corporation, Bikaner Through Its Commissioner 4. Chaman Lal S/o Shri Kishori Lal Barasa, By Caste Valmiki, Resident Of - Bapu Colony, Sagar Road, Bikaner.

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Archana Jawa W/o Shri Dayanan Jawa, By Caste Valmiki, Resident Of - Nathusar Gate, Harijan Basti, Bikaner.

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Anil Kumar Barasa S/o Shri Teja Ram Barasa, By Caste Valmiki, Resident Of - Nathusar Gate, Harijan Basti, Bikaner.

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Rajay Kumar S/o Shri Vijay Kumar, By Caste Valmiki, Resident Of - Valmiki Basti, Chotti Guwad, Bikaner.

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Momraj Chanwaria S/o Shri Prakash Chand Chanwaria, By Caste Valmiki, Resident Of - Valmiki Basti, Chotti Guwad, Bikaner.

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Pukhraj S/o Late Shri Anand Prakash Jawa, By Caste Valmiki, Resident Of - Nathusar Gate, Harijan Basti, Bikaner.

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----Respondents

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For Appellant(s) For Respondent(s)	: Mr.Ajay Vyas Mr.R.S.Saluja : Mr.S.S.Ladrecha, AAG with Ms.Sonakshi Lohiya

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HON'BLE THE CHIEF JUSTICE PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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05/09/2018

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Mukesh, Chaman Lal, Gopal, Supriya, Archana Jawa, Anil Kumar Barsa, Rajay Kumar, Momraj Chanwaria and Pukhraj were the 9 petitioners of S.B.Civil Writ Petition No.2950/2015. The writ petition has been dismissed vide order dated 9.5.2017. In SAW No.616/2017, Mukesh, Gopal and Supriya are the appellants. In SAW No.677/2017 the remaining writ petitioners are the

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(3 of 4)

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[SAW-677/2017]

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appellants save and except Chaman Lal who appears to have given up the fight.

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Dispute relates to 601 posts of Safai Karamchari to be filled up by the Municipal Corporation, Bikaner pursuant to an advertisement issued on 25.5.2012. The case of the appellants before the learned Single Judge was that for reasons unknown only 293 posts of Safai Karamchari were filled up. Prayer made was to fill up vacant posts by applying the wait list.

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Without determining the number of posts which remained vacant the writ petition has been dismissed on the simple ground that the life of the wait list was only three months and same had lapsed.

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Since we are dealing with the petitioners who come from a socially and economically backward segment of the society evinced by the fact that they seek employment to the post of Safai Karamchari we would prefer to find out whether the posts remained vacant and continue to remain vacant so that cause of justice is furthered.

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The record of the Municipal Corporation Bikaner would show that the break up of the 601 posts was as follows:-

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General category 307 2. SC category 96 3. ST category 72 4. OBC category 126

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The record shows that when the writ petition was filed, 294 general category candidates, who were offered appointment had joined. All 96 candidates in the SC category who were offered appointment had joined. Nobody joined in the ST category. In the

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(4 of 4)

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[SAW-677/2017]

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OBC category 124 joined. Thus, in the general category 13 posts remained unfilled and in the OBC only 2. In ST category all 72.

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Now, none of the appellants belongs to a ST category and thus they cannot claim appointment against vacancies in ST category.

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As regards general category candidates, record of the Municipal Corporation would show that 22 posts had to be kept vacant on account of interim orders passed in Civil Writ Petition No.7371/2014 filed by Swaroop Kumar Acharya and 21 others. When the writ petition filed by the appellants was disposed of, the interim order was in force.

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In fact the appellants have themselves admitted that 294 candidates in the general category were appointed in the year 2014.

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We note that the writ petition filed by Swaroop Kumar Acharya and 21 others was allowed on 9.5.2017 i.e. when the writ petition filed by the appellants was dismissed and a direction was to give appointment to said 22 persons. Meaning thereby, as of today the Municipal Corporation has, because of judicial verdict filled up more than 307 posts in the general category.

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Thus, no relief can be granted to the appellants and hence the appeals are dismissed.

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(PUSHPENDRA SINGH BHATI),J

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(PRADEEP NANDRAJOG),CJ

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Parmar

Archana Jawa and Ors. v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Archana Jawa and Ors. v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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