Dinesh Mehta, J. - (1.) Petitioners joining the present bunch of the writ petitions, have prayed appropriate directions to fill up the posts remaining vacant pursuant to the selection process initiated vide advertisement dated 31.07.2018.
(2.) The petitioners' prayers are identical, which run as under : "It is, therefore, most humble prayed that this writ petition may kindly be allowed with cost and by and appropriate writ, order or direction :-A. By an appropriate writ order or direction, any order denying to operate the fresh reserve list or any reshuffled result against the non-joined candidates or available vacant posts of Teacher Grade - III (Level-II) Hindi for Non-TSP Area in pursuance of the advertisement dated 31.07.2018 (Annex-3) may kindly be quashed and set asideB. By an appropriate writ order or direction, the respondents may kindly be directed to operate the fresh reshuffle result or reserve list of Teacher Grade - III (Level-II) Hindi for total available posts by exclude the names of the selected candidates in the earlier reshuffled result, those who joined as Teacher Grade - III (Level-II) in another respective subjects as selected for the post of Teacher GradeIII (Level-II) for Non-TSP Area in pursuance of the advertisement dated 31.07.2018.C. By an appropriate writ order or direction, the respondents may kindly be directed to permit the petitioners in the selection process and provide the appointment as per their marks against the available vacant posts as not filled-up by ineligible and non-joined candidates for the post of Teacher Grade - III (Level-II) Hindi for Non-TSP Area in pursuance of the advertisement dated 31.07.2018 with all consequential benefits.D. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners,E. Writ petition filed by the petitioners may kindly be allowed with costs."
(3.) Without burdening the judgment by taking facts from each case, the facts which are common and necessary are narrated hereunder : 3.1 An advertisement dated 31.07.2018 came to be issued by the respondents for filling up the following subjectwise posts of Teacher Grade-III :Non-TSP-2018 Teacher Grade-III, Level-II JUDGEMENT_222_LAWS(RAJ)7_2020_1.html JUDGEMENT_222_LAWS(RAJ)7_2020_1.html 3.2 The vacancies were required to be filled in accordance with Rule 266 of Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as the 'Rules of 1996'). Accordingly, it was stipulated in the advertisement that the selection would be made on the basis of marks obtained in REET/RTET examination and Graduation, however, giving 70% and 30% weightage (respectively to the marks obtained in REET/RTET and Graduation).3.3 Based on the above criteria, the result was preapred by the respondents on 03.09.2018 and first subject-wise provisional select list was issued and category-wise candidates equal to the posts advertised were invited for documents verification.3.4 During the documents verification, certain candidates were found ineligible, whereas some of them did not turn up at all.3.5 Another list (hereinafter referred to as the 'second list') was issued on 21.12.2018 indicating therein that it had been issued after excluding those candidates, who did not turn up for documents verification.3.6 Thereafter a number of lists came to be issued by the respondents between 21.02.2019 and 28.02.2019 (hereinafter referred to as the 'third list'(s), wherein new/reshuffled result was published. This time list was prepared after excluding the candidates, who did not appear for document verification; those whose credential were not in order and also those candidates who did not join within the time allowed.3.7 After issuance of the third list(s) on 28.02.2019, the respondents stopped the further process, inspite of the fact that many posts were still lying unfilled. The respondents did not even consider that many of the candidates even from the third list(s) (dated 21.02.2019 to 28.02.2019) did not join.;