AMITAVA ROY, J. - (1.) BOTH these petitions were heard analogously and are being disposed of by the present determination.
(2.) WE have heard Dr.P.S.Bhati and Mr.Shyam S.Khatri, learned counsel for the petitioners and Mr.G.R.Punia, learned Senior Counsel for the respondents. The facts in brief are that in response to the notification dated 29.7.2008 issued by the respondent no.1 initiating the process for filling up in all 98 posts of Junior Judicial Assistant including 27 posts of general category, the petitioners offered their candidature as open category candidates. In the select list, which was published thereafter following the written test, the name of the petitioners appeared and accordingly, they took the type test as scheduled, whereafter, on 23.5.2011, a merit list of 70 successful candidates was published in which the petitioners-Vishal Singh & Harsh Aboti (Writ Petition No.115/2012) and Yogendra Modi (Writ Petition No.5940/2012) were placed at serial no.58, 59 and 61 respectively. Thereafter, vide order dated 1.6.2011, 41 candidates were appointed as Probationer/Trainee Junior Judicial Assistant. The names of the petitioners did not figure therein. Thereafter, by order dated 19.7.2011, appointment of 12 candidates named therein was cancelled. On the very same day i.e. 19.7.2011, by another order, 13 candidates were appointed and the last candidate in the said order i.e. at serial no.13 was Ms.Kirit Gupta D/o Vinod Gupta belonging to general category.
(3.) WHILE the matter rested at that, according to the petitioners, one Swaroop Singh sought information under the Right to Information Act, 2005 (for short, hereinafter referred to as "the Act") seeking to be acquainted with the number of vacancies left unfilled and the steps contemplated by the concerned authorities to fill up the same. By a communication dated 1.12.2011, the Deputy Registrar (Judl.)-cum-State Public Information Officer, Rajasthan High Court, Jodhpur addressed to Swaroop Singh, it was conveyed that 41 candidates categorywise had been provided appointment and that the issue with regard to the remaining candidates would be addressed as per the decision of the concerned authorities in due course. By notification dated 17.12.2001, a fresh process was initiated for appointment to the posts of Junior Judicial Assistant which indicated amongst others that thereby 4 posts in the general category were sought to be filled-up. The petitioners have approached this Court seeking appropriate writ, order or direction to provide them with appointment before resorting to any recruitment pursuant to the process initiated by notification dated 17.12.2011.;