JUDGEMENT
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(1.) The process of selection conducted in
pursuant to the notification dated 30.9.2007 was faced
by the petitioner, as a consequent thereto the
petitioner was placed on penal of the selected
incumbents at serial No.4. During the currency of
penal aforesaid the petitioner apprehended that the
vacancies against which process of selection took
place may be filled in by way of transfer to district
judgeship Rajsamand from other district judgeship,
hence this petition for writ is preferred.
(2.) This Court by order dated 4.11.2008
restrained the respondents by an ad-interim order from
filling in the vacancies concerned by adopting the
mode of transfer.
(3.) A reply to the writ petition has been filed
on behalf of the respondents with assertion that
selection process under the advertisement dated
17.8.2007 was relating to two existing vacancies
pertaining to Scheduled Caste and Scheduled Tribe and
out of those one has already been filled in by a
person belonging to Scheduled Caste. The vacancy
pertaining to Scheduled Tribe could not be filled in
due to non-availability of any candidate from
Scheduled Tribe category. As per the respondents
appointment was also given to one person from general
category. It is also stated that the entire process of
selection has already been completed. The penal of
selected candidates is also not in currency and a
fresh process of selection has already been initiated.
Shri G.R.Punia, learned counsel for the respondents
also stated at Bar that no appointment by adopting the
mode of transfer shall be made by the respondents
against the existing vacancies.;
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