- (1.) In the writ application, the important question that arises for consideration is with respect to permissibility of the direct recruitment which was made under the advertisement dated 21.12.1996 and also under the advertisement dated 31.10.1994, which was challenged later-on by way of amendment in the year 2010. Prayer has also been made to quash the appointment orders dated 2.8.1996 appointing 7 incumbents; dated 20.4.1998 appointing 10 incumbents; dated 28.11.1998 appointing Shri Uma Kant Agarwal; and dated 11.1.2002 appointing Shri Ganga Ram Moolchandani. All these appointments were made pursuant to the advertisements dated 31.10.1994 and 21.12.1996.
(2.) The writ application No. 139/97 was filed by Sarva Shri Deepak Maheshwari, Umesh Kumar Sharma, Anil Kumar Mishra, Ajay Kumar Jain and Vijay Kumar Vyas. Initially, a prayer was made to quash the advertisement dated 21.12.1996 advertising 11 vacancies to be filled by way of direct recruitment. Prayer was also made in the unamended writ application to fill-up the temporary vacancies by resorting to Rule 22 of The Rajasthan Higher Judicial Service Rules, 1969 (hereinafter referred to as "the Rules of 1969"). Prayer was also made to make promotions of 54 eligible officers of Rajasthan Judicial Service as per provisions of Rule 9(2) of the Rules of 1969. The writ application was heard and decided by the Division Bench of this Court vide order dated 30th April, 1999. However, before that, an application seeking amendment in the writ application was filed by the Petitioners on 11.1.1999 to assail the appointment orders issued pursuant to the advertisement dated 21.12.1996. In the amendment application also, the Petitioners have confined the challenge to the advertisement dated 21.12.1996. Another application was filed by the Petitioners on 11.1.1999 under Order 1 Rule 10 Code of Civil Procedure for impleadment of 11 incumbents (10 were appointed vide order dated 20.4.1998 and one was appointed vide order dated 28.11.1998 pursuant to the advertisement dated 21.12.1996).
(3.) It is significant to mention here that the application which was filed before this Court seeking amendment in the writ application was not pressed by the Petitioners till the decision was made by the Division Bench of this Court on 30.4.1999. No challenge was made to the advertisement dated 31.10.1994 and the appointment order dated 2.8.1996 appointing 7 incumbents pursuant to the said advertisement. However, two SLPs were preferred by the Petitioners before the Apex Court. In the SLP preferred by Petitioner No. 2-Umesh Kumar Sharma, prayer was made for quashment of the order dated 30th April, 1999 passed by the Division Bench of this Court in Writ Application No. 139/97. Following was the prayer clause of the SLP preferred before the Apex Court: It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to grant Special Leave to Appeal under Article 136 of the Constitution of India against the final judgment and order of the High Court of Judicature for Rajasthan at Jodhpur dated 30.4.1999 in D.B. Civil Writ Petition No. 139 of 1997 and pass such further or other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.;