Sandeep Mehta, J. - (1.) BY way of the instant writ petition, the petitioners seek to assail the respondent's action in filling up 20 seats of Prabhodhaks reserved for the O.B.C. category with candidates from the general category in the selection process held in the year 2008.
(2.) FACTS in brief are that an advertisement for direct recruitment on the posts of Prabodhak under the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 was issued in the year 2008. Initially total 999 vacancies were advertised for District Jalore. Thereafter a corrigendum was issued whereby number of total seats in the Jalore District was enhanced to 1086 and 227 seats of the total available seats were reserved for O.B.C. candidates. The petitioners applied in the said selection process against the seats reserved for O.B.C. category and were declared successful. Thereafter they were called for interview. The distribution of available seats was done by the respondents. The petitioners' claim is that they were not given appointment despite coming in the merit list of O.B.C. candidates and having secured the requisite number of marks so as to be entitled to be appointed as Prabodhak. Upon realizing that they had been denied appointment without justification, they approached the office of District Education Officer, Primary Education, District Jalore with their grievances and were provided with a copy of the list of 20 candidates belonging to general category who had been appointed against the seats reserved for O.B.C. category. The petitioners claim that despite being eligible for being appointed against the reserved quota of seats for the O.B.C. category, they were denied appointment owing to the arbitrary and highhanded action of respondent authorities. They submitted numerous representations to the respondent authorities for adhering to the roster of the seats reserved for the O.B.C. category but to no avail. Similar discrepancies occurred in the selection processes conducted in other districts as well and a number of writ petitions came to be preferred before the Jaipur Bench of this Court and were decided by a common order dated 10.8.2011 passed in a bunch of writ petitions led by S.B.C. Writ Petition No. 4445/2011 Bhagwan Singh Vs. State of Rajasthan & Ors. This Court decided the writ petitions holding that the cases of the respective petitioners be considered against the vacancies meant for OBC category. Now the petitioners by way of the instant writ petition pray that since they belong to the O.B.C. category and are qualified and eligible to be appointed against the reserved posts, the respondents be directed to provide them appointment in the said selection process. Heard and considered the arguments advanced at the bar. Perused the material available on record. The initial stand of the respondents in the reply to the writ petition was that the list filed along with the writ petition showing that 20 candidates from the general category were adjusted against the seats meant for the reserved OBC quota was not issued by an authorized person. A specific fact is mentioned in para no. 9 of the reply that no general candidate was given appointment on the post reserved for OBC category. Total 227 posts were reserved for OBC category and 227 OBC candidates have already been given appointment.
(3.) LATER on the petitioners' sought information in this regard by filing an application under the Right to Information Act. They were supplied a list accompanied by letter dated 7.12.2012 and the said list is verbatim reproduction of the list submitted along with the petition.;