Shiv Kumar Sharma, J. - (1.) The petitioner in the instant writ petition sought the following relief: (i) Quashing of the impugned order dated March 3, 1994 (Annexure-1) wrongly allocating/appointing the petitioner to the Rajasthan Commercial Taxation Services; (ii) Declaring the appointment of Shri G.P. Gupta (respondent No.4) in the R.P.S. at S.No. 3 of order dated 26.2.1994 (Annexure-1) as cancelled and inoperative due to his non joining uptil 7.3.1994; (iii) Declaring the said non joined post in the R.P.S. of said Shri G.P. Gupta as a vacancy from 26.2.1994/7.3.1994, under existing Rule 18(2) of Rules, 1962 and allotting the same for appointment of the petitioner in the R.P.S. as per his 2nd preference and being next in merit as per provisions of Rule 18(1) of Rules, 1962 and Rule 25 and 26 of R.P.S. Rules 1954 w.e.f. 7.3.1994 from which date petitioner has been appointed in Commercial Taxes Service (Annexure-2); (iv) Ordering/directing the respondents No.1 and 2 to issue orders appointing the petitioner in Rajasthan Police Service w.e.f. 26.2.1994/7.3.1994 against the said vacancy of Shri G.P. Gupta (S.No. 3 Annexure-1) and deeming petitioner's seniority confirmation etc. and pay/increments in the R.P.S. w.e.f. said date 26.2.1994/7.3.1994 by deeming his appointment in R.P.S. below S.No. 14 i.e. Shri Manish Agarwal and above Shri Dusht Daman Singh S.No. 15 in said orders dated 26.2.1994 (Annexure-1) and allowing the aforesaid benefits to the petitioner vis-a-vis officers appointed in R.P.S. per Annexure-1.
(2.) Facts in brief are that the petitioner appeared at the Combined Competitive Examination 1991 for the State and Allied Services, results of which were announced on August 7, 1993. In accordance with Rules of competitive examination 1962, the petitioner gave preference for appointment as under: (1) Ist preference R.A.S. ; (2) IInd Preference R.P.S.; (3) IIIrd Preference Commercial Service.
(3.) The petitioner was selected for all the said three services but since his position in regard to R.A.S. was little lower he was not selected/appointed for RAS. But in so far as 2nd preference is concerned the petitioner's merit position being at No. 35 and 2 persons above him were Sarava Shri Raghuvar Dayal Merit No. 6 and Ram Niwas Sharma Merit No. 29, having got less than 60 marks in interview, the petitioner's merit position became at No. 33 which entitled him to be selected appointed in the R.P.S. against the non joined non- filled vacancy of Shri Gyan Prakash Gupta who was appointed at S.No. 3 by the order dated February 26, 1994.;