DIVYA BHARIA AND ORS. Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-1-114
HIGH COURT OF RAJASTHAN
Decided on January 19,2015

Divya Bharia And Ors. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Bela M. Trivedi, J. - (1.) ALL these petitions pertain to the appointments on the post of Live Stock Assistants. The group of petitions being No. CWP Nos. 3305/2014, 19402/2013, 20796/2013, 21728/2013, 12625/2014 and 13708/2014 (hereinafter referred to as the first set of petitions) have been filed by the petitioners, who were not included in the select list dated 3/10/2013 prepared for the post of Live Stock Assistant in the Animal Husbandry Department, pursuant to the advertisement dated 6/8/2013 issued by the respondents. They have challenged the said select list on the ground that the respondents have committed glaring irregularities in preparing the same. The other group of petitions being Nos. 415/2014, 416/2014, 417/2014, 429/2014, 443/2014, 444/2014, 445/2014, 447/2014, 2079/2014, 2931/2014, 17067/2013, 1039/2014 & 1839/2014 (hereinafter referred to as 'the second set of petitions') have been filed by the petitioners who were included in the said select list but their appointments have been cancelled by the respondents vide the impugned order dated 18/12/2013. They have prayed for setting aside of the said order dated 18/12/2013.
(2.) THE short facts, giving rise to the present petitions, are that all the petitioners of all the petitions had applied for the said post of Live Stock Assistants pursuant to the advertisement dated 6/8/2013 issued by the respondents. The relevant condition mentioned in the said advertisement for the educational qualification reads, as under: - - Thus, as per the said condition, the candidate should have passed the Senior Secondary with the subjects mentioned therein from the Board of Secondary Education, Rajasthan or equivalent thereto. As per the process of selection mentioned in the condition No. 11 of the said advertisement, the merit list was to be prepared on the basis of the marks secured in Senior Secondary and in the diploma course of Animal Husbandry, as well as weightage to the experience of working in the Government Department. Initially the weightage of experience was 30% which was later reduced to 15%. Hence, 85% weightage was to be given to the marks obtained in Senior Secondary and Diploma Course. The respondents after scrutinizing the application forms and the documents submitted by the candidates, prepared and issued the select list of 1701 candidates on 3/10/2013. The said candidates were also given their respective postings as mentioned therein.
(3.) IT appears that the petitioners of writ petition No. 17067 of 2013 and 19402 of 2013 i.e. of first set of petitions having challenged the said select list dated 3/10/2013 on the ground that number of irregularities were committed in preparing the said select list, and this Court having issued the notices to the respondents in the said petitions, the impugned order dated 18/12/2013 came to be passed by the Director, Animal Husbandry Department i.e. the respondent No. 2, canceling the appointments of sixteen candidates. Out of the said sixteen candidates, thirteen have approached this Court challenging the said order dated 18/12/2013. Their appointments have been cancelled by the respondents on the ground that the said petitioners did not hold the certificates of Senior Secondary Examination of the Board which could be treated as equivalent to the Board of Secondary Education, Ajmer.;


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