Mohd Rafiq, J. - (1.) This writ petition has been filed by Subhash Chandra Morya. In the writ petition, it has been stated that the respondent No. 2 the Chief Engineer (Hqr.), Irrigation Department, Rajasthan, Jaipur, published an advertisement dated 12.10.1987 inviting applications from the eligible candidates for appointment on the post of Junior Research Assistant. In response to this advertisement, the petitioner also applied. Respondents vide letter dated 23.4.1993 called the petitioner for interview on 12.5.93. It was submitted that the petitioner belongs to a scheduled caste community and certificate to this effect issued by the Tehsildar on 9.6.93, was also submitted. It has been further stated that while three persons out of those four who were interviewed have been appointed on the post of Junior Research Assistant. Only the petitioner . was left for being appointed. The petitioner submitted a representation on 18.6.93 to the respondents to claim appointment which however failed to evoke any response.
(2.) The respondents contested the writ petition and filed detailed reply thereto. In the reply, it was stated that owing to ban on the recruitment imposed by the State Government, the selection process pursuant to the advertisement could not be completed. The Government subsequently vide its order dated 26.5.1992, only partially lifted the ban against the backlog quota of the reserve community. Since there was backlog of scheduled tribes community, certain appointments were made in such quota of scheduled tribes but there was no backlog vacancies in the quota of scheduled castes. Hence the petitioner could not be appointed. It was submitted that in all five candidates appeared for interview and only two who belonged to scheduled tribes community, were appointed in the backlog quota of their community. In these circumstances, the petitioner cannot be given appointment.
(3.) I have heard the arguments of both the learned counsel for parties.;