- (1.) AT the request of learned counsel for the parties, arguments were heard and intra Court appeal is being disposed off finally.
(2.) RESPONDENT No. 4, Vineet Kumar Bagri filed a writ petition before Single Bench with a prayer that the Advertisement dated 17.05.2011, whereby Rajasthan Public Service Commission(for short 'the RPSC') issued an advertisement to fill up 250 posts of Rural Ayurved Chikitsak, Ayurved Department under the provisions of the Rajasthan Rural Ayurvedic, Unani, Homeopathy and Naturopathy Service Rules, 2008(for short 'the Rules of 2008'), may be quashed and set aside. The grievance of Respondent No. 4 was that as per scheme of Rules of 2008, direct recruitment can take place only after initial recruitment. Since initial recruitment made by respondents was set aside by the Single Bench and the order of Single Bench was upheld by the Division Bench and the respondent-Government was not holding the initial recruitment, therefore, process of direct recruitment cannot be initiated, as the same is contrary to the provisions of the Rules of 2008. Respondent No. 4 pressed only one point before the Single Bench that a direction be given to respondents/State and others, to hold initial recruitment for the said posts. The Single Bench vide its order dated 15.12.2011 disposed off the writ petition with a direction to respondents/State and others, to initiate initial recruitment process without further delay and if possible, within a period of one month and be completed thereupon without further delay. The order of Single Bench was accepted by concerned department, the same was not challenged, Mr. Dinesh Yadav, learned Additional Advocate General made a statement that process of initial recruitment has already started and it is in progress. It is relevant to mention that after completion of initial recruitment(which was subsequently set aside), Advertisement dated 17.05.2011 was issued by the RPSC to fill up the posts of Rural Ayurved Chikitsak. The process of direct recruitment has also been completed and select list of the candidates has been forwarded by the RPSC to State Government also. Being aggrieved with the order dated 15.12.2011 passed by the Single Bench, four appellants have preferred this intra Court appeal along with an application seeking permission to file the appeal, as they were not party before the Single Bench. The appellants are candidates, who have been selected by the RPSC in pursuance of Advertisement dated 17.05.2011. Application filed by the appellants seeking permission to file appeal was allowed by this Court vide order dated 02.07.2012. Submission of learned counsel for the appellants is that appellants have been selected by the RPSC in accordance with the Rules of 2008, but the respondent/State is not issuing their appointment orders on the pretext that initial recruitment has been set aside, therefore, they will be appointed only after completion of initial recruitment process. He further submitted that respondents be directed to appoint the appellants immediately and their seniority matter may be decided later on.
(3.) LEARNED counsel for the respondent-State has submitted that process of initial recruitment is in progress and the same will be completed at the earliest. Learned counsel for Respondent No. 4 submitted that as per scheme of Rules of 2008, initial recruitment has to be completed first, only thereafter, the appointments can be given to the candidates, who have been selected by way of direct recruitment, otherwise, there will be a problem of seniority between initial recruitees and direct recruitees. We have considered the submissions of learned counsel for the parties. ;