VYAS, J. - (1.) THE instant petition has been filed with the prayers that by an appropriate writ, order or direction, Respondent No. 2 - the Rajasthan High Court may be directed to place on record the letter dated 5. 6. 2004. It is further prayed that the impugned order dated 14. 2. 2005, passed by Respondent No. 3 - the District & Sessions Judge, Churu may be quashed and set aside. It is also prayed that Respondent No. 3 may be directed to hold the examination in terms of the Rajasthan High Court's communication dated 5. 6. 2004 and the petitioner may be given reasonable opportunity to appear in the examination and looking to the long period of his service, he may be regularised.
(2.) BRIEF facts giving rise to the instant petition are that the petitioner has passed the Higher Secondary Examination in the year, 1985 from the Board of Secondary Education, Rajasthan, Ajmer. The petitioner also possesses the qualification of typing. Thus, in view of his educational qualification, he was fully eligible for being appointed as Lower Division Clerk in accordance with the Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986 (hereinafter referred to as `the Rules', 1986' ). As the petitioner was eligible, he applied for appointment and vide office order dated 18. 1. 1992, he was given temporary appointment by Respondent No. 3. While the petitioner was working on the post of Lower Division Clerk, Respondent No. 1 passed an order dated 6. 3. 1992 (Annexure 2) and placed the services of the petitioner at the disposal of the Additional Public Prosecutor No. 5, Jaipur City, Jaipur. Thereafter, vide order dated 29. 8. 1996, his services were placed at the disposal of the Additional Sessions Judge, Ratangarh. The said order was challenged by the petitioner by way of filing an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur. The appeal was allowed by the Tribunal vide judgment dated 22. 3. 1999 and the order dated 29. 8. 1996 was set aside and the respondents No. 1 and 2 were directed that upon reporting for duty, the petitioner may be taken on duty and appropriate order for his posting may be passed. The judgment of the Tribunal dated 22. 3. 1999 was challenged by way of filing a writ petition in the Rajasthan High Court, Jaipur Bench, Jaipur. The writ petition was allowed and the judgment dated 22. 3. 1999 passed by the Tribunal was set aside and the District & Sessions Judge, Churu was directed to take the petitioner on duty on the post on which he was appointed on the terms and conditions incorporation in the appointment order initially issued. In this way, the petitioner reported for duty to the District & Sessions Judge, Churu, who, in turn posted the petitioner in the Court of the Additional Civil Judge (Junior Division) and Judicial Magistrate No. 2, Sujangarh, where the petitioner joined his duties.
(3.) THE petitioner was called upon to appear in the examination in accordance with the Rules, 1986, for regular appointment on the post of Lower Division Clerk. THE petitioner appeared in the said examination, but, unfortunately, he could not qualify the same. But he was allowed to continue. On 24. 9. 2002, the petitioner made an application before the District & Sessions Judge, Churu and requested him to give one more chance to the petitioner to qualify the examination. Simultaneously, the petitioner requested the District & Sessions Judge, Churu through representation that keeping in view the fact that he is in service since 1992 and he has rendered best possible service and he has spent more than 10 years, therefore, his services may be regularized. The aforesaid representation of the petitioner was forwarded by the District & Sessions Judge, Churu to the Registrar General, Rajasthan High Court, vide his letter dated 8. 10. 2002. The representation of the petitioner was examined by the Rajasthan High Court and looking to his past ten years of service, and looking to the fact that he is still in service, it was thought proper to give him one more chance to qualify the examination and, accordingly, the Rajasthan High Court issued letter No. G/i/a-4/i/a/51/88/ii/1205 dated 5. 6. 2004. ;