Mohammad Rafiq, J. - (1.) IN the normal course, the respondents ought to have complied with the judgment earlier passed by this court on 25.02.2009 in Writ Petition No. 4883/2006 filed by petitioner Yashpal Singh Yadav, by which the respondents were directed to consider the case of the petitioner Yashpal Singh Yadav and that of Dr. Satya Pal Bishnoi (Petitioner in Writ Petition No. 8829/2006), who belonged to OBC category, and accordingly consider for appointment on the post of Assistant Professor (Nematology) reserved for OBC category and if they are found suitable as per merit, grant them appointment with effect from the date the appointment was granted to Shri Ravi Shanker M. (respondent No. 5 therein).
(2.) THE appointment of Ravi Shanker M. was found illegal by this court in his Writ Petition No. 6949/2006 filed at Principal Seat, Jodhpur. As per the stand of the respondent, he could not be considered to be candidate of OBC. While deciding aforementioned Writ Petitions No. 4833/2006 and 8829/2006 filed by Yashpal Singh Yadav and Dr. Satya Pal Bishnoi, this court in its judgment dated 25.02.2009 held that if Ravi Shanker M. was not considered as OBC candidate, both the petitioners were liable to be considered as OBC candidate, therefore, their cases should be considered for appointment against that quota. Learned counsel for the respondents submits that they considered the cases of the petitioner and that of Dr. Satya Pal Bishnoi, but since there was only one post of Assistant Professor (Nematology) for OBC category, the name of Ravi Shanker M. was selected in the main list and Dr. Satya Pal Bishnoi was selected in the reserve list and, therefore, without further selection of present petitioner Yashpal Singh Yadav in reserve list, he could not be offered appointment.
(3.) SHRI P.S. Sharma, learned counsel for the petitioner, submitted that Ravi Shanker M. was treated as OBC candidate on the basis of fake certificate. According to stand of the respondents, he could not be considered as OBC as he did not have any valid certificate because his caste was not included in the list of OBC category issued by the Government of Rajasthan. If his name was deleted from the list of OBC candidates, Dr. Satya Pal Bishnoi should be taken to have been selected in the main list and name of the petitioner should be treated in the reserve list. Since Dr. Satya Pal Bishnoi despite being offered appointment has not joined, the petitioners should be offered appointment.;