Veerender Singh Siradhana, J. - (1.) Mr. Ajay Sharma, Advocate, appearing on behalf of the petitioner sought accommodation since the arguing counsel was not available yesterday. Arguments advanced on behalf of the counsel for the respondents were concluded and the matter was posted for today to accorded opportunity of hearing to the counsel for the petitioner and for dictation of order.
(2.) The petitioner, in the instant writ petition has assailed the legality and validity of the advertisement dated 7th January, 2012 (Annex.8), for not providing reservation to the members of Scheduled Tribe and therefore, has approached this Court praying for the following relief(s): - - "(a) By an appropriate writ, order or directions the action of the respondents in issuing advertisement Annexure -8 dated 2.1.2013 to fill in the posts of Assistant Professors under different streams of Dentistry only out of the candidates of unreserved category to be wholly illegal, arbitrary, unreasonable, unjustified and unconstitutional; (b) By an appropriate writ, order or directions the respondents be directed to reserve 3 seats for ST category in the advertisement dated 2.1.2013 and further be directed to consider the petitioner entitle and eligible to be called for exam/interview for the post of Assistant Professor (Prothodontics) as a candidate under the reserved category of Scheduled Tribe for filling in the posts declared vacant in Government Dental College, Jaipur; (c) Issue an appropriate writ, order or directions and in alternate, quash and set aside the advertisement -dated 2.1.2012 issued by the respondents vide Annexure -8 being wholly illegal and unconstitutional; (d) By an appropriate writ, order or directions, respondents be directed to call the petitioner as one of candidates out of reserved category of ST for his selection and appointment to the post of Assistant Professor (Prosthodontics) in Government Dental College, Jaipur; (e) Issue an appropriate writ, order or directions in alternate directing respondents to issue & publish fresh advertisement inviting online applications for filling in posts of Assistant Professors under different streams of Dentistry declaring therein posts under reserved category of ST also; (f) Issue any other appropriate writ, order or direction, which may be considered just and proper in favour of the petitioner in the circumstances of the case. (g) By an appropriate writ, order or directions cost of writ petition may kindly be allowed to petitioner."
(3.) Shorn off unnecessary details, the indispensable skeletal materials facts necessary for appreciation of the controversy raised are that the petitioner acquired the degree of Master of Dental Surgery in the examination conducted in May, 2009, from the Rajasthan University of Health Sciences. The petitioner was eligible for consideration for appointment to the post of 'Assistant Professor' (Prosthodontics), however, his candidature was not considered. Again, in response to another advertisement dated 2nd January, 2013, wherein online applications were invited from eligible and qualified candidates for appointment to five posts of Assistant Professors in different streams of Dentistry; the petitioner submitted his application for consideration of his candidature. It is pleaded case of the petitioner that in the advertisement dated 2nd January, 2013, no reservation was indicated for the candidates from SC/ST/OBC category. The representations submitted on 21st November, 2011, 22nd November, 2011 and 24th November, 2011, evoked no response, and therefore, instituted the present writ proceedings.;