LERAM BHATI Vs. STATE OF RAJ.
LAWS(RAJ)-2013-5-116
HIGH COURT OF RAJASTHAN
Decided on May 14,2013

Leram Bhati Appellant
VERSUS
STATE OF RAJ. Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the parties. In this writ petition, the petitioner is claiming reservation in respective categories for appointment being made on the post of Accountant in pursuance of advertisement dated 21.11.2007.
(2.) ADMITTEDLY , the petitioner is claiming reservation in a scheme which is said to be formulated by the Central Government in which the State Government has been assigned to provide appointment on different posts. Learned counsel for the petitioner submits that at the time of providing appointment in the scheme, the respondents are under obligation to provide reservation and it has not been provided, therefore, totally illegal action has been taken by the respondents contravening the constitutional provision. It is also submitted that for the said post reservation is provided by the respondents, therefore, obviously, denial of reservation to the petitioner for the post in question in a scheme is illegal, therefore, it is submitted that the respondents may be directed to provide reservation and consider the candidature of the petitioner in pursuance of advertisement issued in the year 2008.
(3.) PER contra, learned counsel for the respondents submits that first of all no direction can be given at this stage because the petitioner is claiming his right of consideration against the reservation in the advertisement issued in the year 2008 in which he participated and the appointments have already been made. Further, learned counsel for the respondents submits that State Government is under obligation to follow the guidelines issued by the Central Government for providing appointment. It is nowhere stated in the writ petition that directions were issued by the Central Government for providing reservation for which the petitioner is claiming appointment to provide reservation. In absence of any provision of law and any guidelines from the Central Government and upon the fact that the petitioner is claiming appointment in a scheme known as NRHM, therefore, there is no question for granting any relief to the petitioner with regard to reservation.;


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