DINESH MEHTA,J. - (1.) Instant writ petition has been preferred for the following reliefs: "a) By appropriate writ, order or direction, the respondents may kindly be directed to issue the reshuffle result while excluding the incumbents who did not joint the duty and fill up the advertised vacancies pursuant to the advertisement No.4474 dated 06.02.2018 (Annex.1). b) By appropriate writ, order or direction, the respondents may kindly be directed to give appointment to humble petitioner on the post of Teacher Grade-III (Level-II) (Maths/Science) with all consequential benefits in pursuance to the advertisement dated 06.02.2018 (Annex.1). c) Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also is passed in favour of the petitioner."
(2.) The petitioner's basic grievance raised in the present writ petition is that the respondents have issued a select list of 428 candidates (vide orders No.36733 and 36734 dated 04.09.2018) and on the same date issued a reserve list of 215 candidates, (vide order No.36735), even before calling the candidates for documents verification. According to the petitioner, the same was illegal, arbitrary and contrary to the scheme of selection given in the advertisement.
(3.) For the purpose of deciding the issue raised in the present writ petition, facts apropos are noted hereinfra : (3.1) An advertisement No.4474 dated 06.02.2018, was issued by the Director, Sanskrit Education, Rajasthan, Jaipur for the purpose of filling up 428 posts of Teacher Grade-III - level 2 in the subjects Science - Maths for non-TSP area. (3.2) According to the terms of the advertisement, the selection was to be made after preparing State level merit list on the basis of marks obtained in the RTET/REET Examination and marks obtained in graduation, subject albeit to securing minimum passing marks in RTET/REET. The eligibility condition reads thus : ...[VARNACULAR TEXT UMITTED]... (3.3) Another important condition in the form of Condition No.7 was appended with the Special Note of the advertisement, according to which the respondent No.3 was required to prepare a State-level merit list based on a formula taking weighted average, i.e. 70% of the marks obtained in RTET/REET Examination and 30% of the marks secured in graduation. Condition No.7 reads thus : ...[VARNACULAR TEXT UMITTED]... (3.4) The respondent No.3 issued orders No.36733 and 36734 dated 04.09.2018 (hereinafter referred to as the 'first list') and notified names of 428 candidates, captioning the list as " vLFkk;h p;u lwph" (Provisional Select List) calling them for documents verification on 01.10.2018 and 03.10.2018. (3.5) Vide another Order (No.36735) of the even date, another list (hereinafter referred to as the 'second list') came to be issued by the respondent No.3, giving out list of 215 candidates and the same was labelled as reserve list. (3.6) It is an admitted fact that after documents verification of these 643 incumbents - 428 candidates of the first list and 215 candidates from the second list, total 389 candidates were found suitable and offered appointment (3.7) Out of these 389 candidates, only 50 candidates chose to join and remaining did not turn up. (3.8) Pursuant to an application filed by one Narendra Kumar under Right to Information Act, it was informed by the respondent No.3 that out of 389 candidates, to whom appointments were offered, 335 candidates have not joined and resultantly 356 posts remained vacant. ;