Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS special appeal is against the judgment dated 27.2.2004 passed by the learned Single Judge in SBCWP No. 4275/1997 whereby the learned Single Judge allowed the writ petition and quashed the order Annex.6 and directed the appellant RPSC to modify the select list in the light of the observations made in the judgment and provide appointment to the writ petitioner on the post of Assistant Professor if he is otherwise eligible for the same. The learned Single Judge principally was of the view that the RPSC itself in earlier round of litigation admitted the fact that the writ petitioner is a member of Scheduled Caste and his result was kept in the sealed cover and after opening the sealed cover, it was found that his name is in the merit list of the candidates belonging to the Scheduled Caste for appointment on the post of Lecturer/Assistant Professor in Orthopedics. The learned Single Judge issued specific directions to RPSC that it should declare the result of the writ petitioner and include his name in the select list as per the merit and forward the same to the State Government for making appointment in accordance with law. The said decision of this Court in petitioner's earlier writ petition No. 3101/1995 dated 30.1.1996 was challenged before the Division Bench of this Court in DB Civil Special Appeal No. 253/1996 which was dismissed vide order dated 17.5.1996 and thereafter, the decisions were challenged before the Hon'ble Supreme Court in Special Leave to Appeal (Civil) No. 12599/96, the Hon'ble Supreme Court held as under: Having regard to the fact that the respondents have already been considered and selected for appointment on the post of Assistant Professor in respective specialities and they have also been appointed, we do not consider it a fit case to go into the question that has been raised by the petitioner in these special leave petitions. We, however, clarify that the direction contained in order dated June 5, 1995 in Civil Appeals arising out of special leave petitions Nos. 12740 -41/95 were given in the facts and circumstances of those cases only and the said directions cannot be treated as laying down the law regarding selection for appointment by the Rajasthan Public Service Commission which has to be made in accordance with the relevant rules. The special leave petitions are disposed of accordingly.
(3.) IN view of the above decision, RPSC cannot dispute the factual position and cannot deny appointment to the petitioner.;