- (1.) UNDER a notification dated 01.6.2011 process of selection was initiated for appointment to the post of Assistant Radiographer as per Rajasthan Medical Health and Subordinate Service Rules, 1965. On completion of selection, a select list was issued on 30.1.2012 and in the list aforesaid Shri Surendra Nitharwal, Shri Tarun Fanan and Shri Pushpendra Gautam were placed at Sr. No.1, 2 and 22 respectively as per their merit. Shri Bheekaram Kumawat was placed at Sr. No.4 among the candidates belonging to Other Backward Class. One Shri Vinod Kumar Gahan was assigned merit no.2 in the list containing names of the persons belonging to category of scheduled caste.
(2.) THE respondents issued order of appointments in favour of selected candidates against existing five vacancies including the five persons named above, however, they did not choose to join the service. Accordingly, an order dated 14.5.2012 was issued whereby the appointment orders were cancelled. Suffice to mention here that M/s. Surendra Nitharwal, Tarun Fanan and Pushpendra Gautam were selected against non -reserved vacancies. After cancellation of appointments of the persons named above, the Addl. Director (Admn.), Medical & Health Services, Government of Rajasthan, Jaipur passed another order dated 15.6.2012 giving appointments to Shri Yadram Choudhary, Shri Ajhar Ali and Shri Virendra Singh all belonging to Other Backward Class. The grievance of the petitioner is that M/s. Surendra Nitharwal, Tarun Fanan and Pushpendra Gautam were selected against non -reserved posts, therefore, the vacancies occurred due to their non -joining should have been filled -in from among the persons belonging to non -reserved category. A reply to the writ petition has been filed on behalf of the respondents stating therein that appointments against three vacancies occurred due to non -jonining of M/s. Surendra Nitharwal, Tarun Fanan and Pushpendra Gautam, as a matter of fact, were filled -in from among the persons coming in general merit. It is pointed out that the vacancies de -occupied by Shri Surendra Nitharwal was filled in by giving appointment to Shri Koshal Kishore, who was having 61.811% merit marks. Shri Koshal Kishore was earlier placed in the list pertaining to scheduled castes but being having marks to compete in general merit, he was employed against a vacancy determined for filling up through general merit. The vacancy becoming available due to non -joining of Shri Tarun Fanan was given to Shri Indrapal Singh having 61.526% merit marks, who was earlier employed against a vacancy reserved for Other Backward Class and the third vacancy came into being due to non -joining of Shri Pushpendra Gautam was filled in by Shri Ved Prakash having 61.164% merit marks. Incidentally Shri Ved Prakash too is from Other Backward Class but is having marks sufficient to be placed in general merit.
(3.) AS a consequent to re -shuffling two vacancies became available for Other Backward Class and one for Scheduled Caste and within the three vacancies appointments were given to the members belonging to Other Backward Classes and Scheduled Caste.;