JUDGEMENT
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(1.) This petition has been filed by the petitioner,
seeking a direction to the respondents to issue selection
list of Scheduled Caste candidates, and if the petitioner
comes within merit in the selection list, then for a
direction to provide appointment to the petitioner, on the
post of Drawing Teacher Gr. I, with all consequential
benefits.
(2.) The allegations of the petitioner are, that he
belongs to Scheduled Caste category (SC), and possesses the
academic qualification of Graduation. The petitioner also
claims to be physically handicapped. For this he has
produced Disability Certificate Annexure-4. With this
background it is alleged, that the respondent no.3
Rajasthan Public Service Commission (R.P.S.C.) issued
advertisement inviting application for recruitment on the
post of Teacher Gr.I, in various subjects, including
Drawing, in July, 1991 being Annexure-5, whereby 12
vacancies were advertised, out of which two were reserved
for S.C., and two were reserved for S.T. Candidates. The
petitioner being eligible, applied, and also appeared in
the written test, and successfully passed it. The copy of
the result has been produced as Annexure-7. The allegation
of the petitioner is, that vide letter dt. 5.9.1992, the
petitioner was called for interview, which was held on
7.10.1992, wherein the petitioner appeared along with all
testimonials. The allegation then is, that the petitioner
is presently working as Teacher Gr. III since December,
1985, and according to the petitioner it is apparently
clear that the petitioner is possessing all requisite
qualification to be appointed. However, after completion of
interview the R.P.S.C. has published the select list of
general candidates, and Scheduled Tribe candidates only,
and no result of S.C. candidates has been declared, and
that, it is best known to R.P.S.C., as to why it has not
issued selection list of S.C. category candidates. With
these averments, the aforesaid reliefs have been claimed.
In substance, the grievance is, that no selection list has
been issued by the R.P.S.C. regarding S.C. category
candidates.
(3.) A reply has been filed by the R.P.S.C.,
contending inter alia, that the petitioner did not apply as
physical handicapped candidate, nor there was any such
vacancy reserved in that category. Then submitting factual
aspect it was pleaded that in response to the advertisement
221 applications were received, including that of the
petitioner, and the screening test was conducted for short
listing, wherein the petitioner cleared, and was called for
interview. Then, regarding interview, it was pleaded that
after holding interview, the Commission issued the select
list on 8.10.1992, by which nine candidates were found
suitable, and were selected, and that the petitioner was
not found suitable by the Commission, therefore, his name
could not be included in the select list. It was pleaded
that the contention, of list of selected candidates for
S.C. having not been declared, is misconceived. It was
maintained, that the list of all selected candidates, which
have been found suitable, was declared, and the names of
the persons who were not found suitable, have not been
included. It was further pleaded, that the petitioner was
informed about his non selection, vide communication dt.
24.10.1992, copy whereof has been produced as Annexure R/1.
Then, it was pleaded that the candidature of the petitioner
was considered against the reserve vacancy, reserved for
S.C. candidates, and he was not found suitable even against
that vacancy. It was pleaded that the petitioner has not
been denied selection on the ground of his not possessing
requisite qualification, rather he has not been found
suitable on his merit, and therefore, he has not been
selected.;