- (1.) Heard learned counsel for the parties.
(2.) This writ petition has been filed by petitioner Ghanshyam Singh Rathore as far back as on 26.03.1997, inter-alia, with the prayer that a writ of mandamus be issued commanding the respondents to operate waiting list of General Category in view of the fact that the main merit-list stood already exhausted by virtue of order dated 13/14.01.1997; further the respondents be directed to appoint the petitioner on the post of Village Level Worker-cum-Officio- Secretary of Gram Panchayat on the basis of merit order possessed by him in the waiting list of General Category, and accordingly assign him seniority.
(3.) The case of the petitioner is that the respondents, vide advertisement No.2/96, dated 26.07.1996, published in a daily newspaper 'Rajasthan Patrika', advertised 54 posts of Village Level Worker-cum-Ex-Officio- Secretary (Gram Sewaks) for appointment in various Panchayat Samities functioning under Zila Parishad, Ajmer. The minimum educational qualification prescribed was Senior Secondary Education from the Board of Secondary Education Rajasthan or an equivalent qualification; the age limit prescribed for the post in the said advertisement was between 18 to 33 years as on 01.01.1997. The petitioner also applied for appointment on the said post and appeared in the written test on 28th and 29th of October, 1996. He was called and appeared in the Interview on 13th January, 1997 at 10.00 Hours in the office of the Zila Parishad, Ajmer, along-with his credentials. The petitioner was accordingly placed at Serial No.1 in the waiting list. Shri Sunil Samdaria, learned counsel for the petitioner, submits that while the main merit list contained 54 names of successful candidates, only 52 candidates appeared for Interview and two candidates did not offer themselves for appointment; out of those two, one was Harish Chandra Charan at Serial No.47 and another was Dinesh Kumar Sharma at Serial No.54. Both these candidates were to be appointed against the posts of General Category. Harish Chandra Charan, though belonged to Other Backward Class, but his named appeared as a candidate of General Category on account of his securing merit in the general category. The petitioner also belongs to the general category. The appointment orders were issued to the selected candidates. Copies of the main merit list and the waiting list are placed on the record as Exhibit Nos.3 and 4, respectively. The appointment order issued on 13/14.01.1997 in favour of as many as 52 candidates, is also on the record as Exhibit No.6.;