Arun Mishra, C.J. - (1.) THE Rajasthan Public Service Commission advertised 888 vacancies for the post of Lower Division Clerks in subordinate offices on 23.07.1986. Writ petitions were filed by the candidates challenging the action of the Government on the ground that appointments to be made on the District -wise basis, was illegal. The writ petitions were allowed by the Single Bench vide order dt. 24.11.1990 and a direction was issued to the respondents to appoint the candidates who had secured 37.5% marks or more irrespective of the fact whether they have filed writ petitions or not. On 10.04.1991, the State Government preferred intra -Court appeal [DB Civil Special Appeal No. 107/1991 State of Rajasthan & Ors. vs. Miss. Sunita Gupta] against the order dt. 24.11.1990 passed by the Single Bench. The State Government pursuant to the interim order passed by the Division Bench of this Court prepared a fresh list of 906 vacancies.
(2.) ON 07.05.1992, the Division Bench of this Court struck down the Rule 19 and 24 of the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 and directed the Government and RPSC to prepare the State -level selection list on merit of the unfilled posts out of 906 posts within four weeks not district -wise merit list and number of vacancies were to be informed to the Court. The State Government informed that there were 2597 vacancies as on 10.04.1991 inclusive of 906 posts already shown in the advertisement. On 27.09.1993, the Hon'ble Supreme Court decided the Special Leave to Appeal No. 7114/93 along with SLP (C) No. 8378/93 against the decision of this Court passed in D.B. Civil Special Appeal No. 107/1991. Following order was passed by the Hon'ble Supreme Court - It appears that the present selection was held for the vacancies which were available upto 1985 -86. The result of the selection was declared on 17.04.1989. When the matter was before the High Court, the Court directed the State Government to communicate to it the total number of vacancies available till 10.04.1991. Accordingly, the State Government intimated that there were 2597 vacancies till April, 1991. The High Court thereafter directed that those who were successful in the results declared on the 17.04.1989 should be accommodated in the said 2,597 vacancies. It is the allegation of the writ petitioners in Writ Petition No. 623/93 that besides 2,597 vacancies, there are some more vacancies and they are sought to be filled in by regularising the employees who were appointed on ad hoc basis from 01.01.1985 till 31.03.1990. There is a controversy with regard to the actual number of such vacancies. It is not necessary for us to go into that controversy. Whatever the number of vacancies the State Government will add them to 2,597 admitted vacancies up to 10.04.1991 and accommodate the successful candidates from the selection already held in the said additional vacancies as well. The direction given by the High Court in the impugned order is therefore modified as follows: - Those candidates who have secured more marks than those who are already appointed either on the State or the district level will be accommodated in the remaining vacancies out of the above 2,597 plus the vacancies upto 10.04.1991 which are sought to be filled in by regularising the ad -hoc employees. As far as the other successful candidates in the selection are concerned these who have secured more marks than the ones who are appointed will be given an opportunity to appear in the next selection by suitably relaxing their age for the purpose if they are over -aged. The State Government to communicate to the State Public Service Commission the actual number of vacancies arising after 10.04.1991 within six weeks from today. The State Public Service Commission to start the selection process within two months after the communication of the vacancies by the State Government and complete the selection process within four months thereafter. Thereafter first contempt petition bearing No. 27/94 was filed before the Hon'ble Supreme Court. The Hon'ble Supreme Court vide order dt. 08.04.1994 held that 2,597 vacancies were there, unfilled 174 vacancies have been filled in and there were no more vacancies till 10.04.1991. The vacancies occurring thereafter as per direction of the Hon'ble Supreme Court to be filled in by holding fresh examination and the candidates who have secured more marks than those already appointed would be given an opportunity to appear in the said examination by relaxing the age limit. Following order was passed. - By an order of this Court dt. 27.09.1993, the respondent State Government were directed to take into consideration the vacancies, if any, arising upto 10.04.1991. The State Government by its affidavit filed on 07.03.1991 have stated that out of 2597 vacancies, the unfilled 174 vacancies have been filled in, in accordance with the merit list of the examination in question and as per the direction of this Court. There were no more vacancies till 10.04.1991. The vacancies occurring thereafter are, as per the direction of this Court, to be filled in by holding a fresh examination and those candidates who secured more marks than those already appointed would be given an opportunity to appear in the said examination by relaxing the age limit. Nothing further is, therefore, required to be done in this matter. The time to hold the examination is extended upto 31.10.1994. All the applications stand disposed of in terms of the above order.
(3.) THEREAFTER several contempt petitions were again preferred before the Hon'ble Supreme Court. They were decided along with the Contempt Petition No. 165/1999. The Hon'ble Supreme Court took note of the previous order and relied upon the affidavit filed by Inderjit Khanna, the then Chief Secretary of the State in which he stated that there were 3831 vacancies from 01.01.1985 to 10.04.1991 were 3831, whereas 3867 successful candidates of 1986 examination have been allocated to various districts and offers of appointment have been sent to them. The Hon'ble Supreme Court was satisfied with the affidavit of Shri Inderjit Khanna and concluded that there was no contempt, deliberate or otherwise, in not complying with the orders of this Court dt. 27.09.1993. Contempt Petitions were accordingly, dismissed. Following order was passed by the Hon'ble Supreme Court, - By order dt. 27.09.1993, this Court had directed that on the basis of the selection which had taken place and the result declared on 17.04.1989, vacancies which were available in the cadre of LDCs till 10.04.1991 should be filled. In the said order, it was stated that according to the State Government there were 2597 vacancies till April 1991. The State Government was also directed to find out if there were any further vacancies between the period 1st January, 1985 and 10.04.1991. These vacancies were also to be filled on the basis of the result of the aforesaid examination which was declared on 17.04.1989. Thereafter, contempt petition was filed which on 08.04.1994 was dismissed with the observation that out of 2597 vacancies only 174 vacancies were unfilled and no more vacancies till 10.04.1991 existed. Despite the aforesaid order, the present petition was filed alleging that number of vacancies were more than what had been disclosed. Initially, Shri Arun Kumar, Chief Secretary of the State of Rajasthan had filed an affidavit which seems to indicate that the total number of vacancies as on 10.04.1991 was 1823. It is the contention of the petitioners that the figure of 1823 was in addition to 2597, but we do not find any warrant for the same because the affidavit of Shri Arun Kumar does not so indicate. However a further affidavit of the present Chief Secretary Shri Inderjit Khanna has been filed. He has stated that after he took over as the Chief Secretary on 01.01.2000 he has undertaken an exercise to find out whether this Court's order has been properly implemented. The number of vacancies determined by him, on the basis of the information which he had gathered, for the period 01.01.1985 to 10.04.1991 were 3831. This could be made available for successful candidates of 1986 examination. Against this 3867 successful candidates of 1986 examination have been allocated and we understand that offers of appointment have been sent to them. We are not satisfied that the averments made by Shri Inderjit Khanna should be doubted. The number of vacancies now stipulated, namely, 3831 appear to be more than what had been indicated earlier. It is not possible to come to the conclusion that there has been any contempt, deliberate or otherwise, in not complying with the orders of this Court dt. 27.09.1993. Contempt Petition (Civil) No. 165/1999 and the connected petitions are accordingly dismissed.;