M.N.BHANDARI,J. - (1.) By this writ petition, a direction is sought for appointment of the petitioners on the post of Sub Inspector, Police (AP).
(2.) It is a case where selection to the post of Platoon Commander and Sub Inspector, Police (AP) was conducted in pursuance of the advertisement dated 09th April, 2007. After the selection, result was declared followed by appointments. A writ petition bearing SB Civil Writ Petition No. 3705/2009 titled as Ram Narayan Bhanwareya and Ors. v. State and Ors. was filed to challenge the application of scalling of raw marks. Due to scalling, marks of the candidates were increased or decreased changing the merit list earlier prepared based on raw marks. The aforesaid writ petition was decided vide order dated 20th September, 2011 at Principal Seat, Jodhpur. The Court had given following directions in the said case, which are reproduced hereunder for ready reference : "Accordingly, these petitions for writ are accepted. The formulate of scaling applied by the respondent while determining merit of the candidates, who faced Sub-Inspector Police Combined Competition Examination, 2007 is declared illegal. However, this declaration shall not have any adverse effect to the process of selection already taken place and completed. The candidature of the petitioners shall be considered for appointments to the post of Sub-Inspector against the future vacancies and if any of the petitioner is having higher raw marks then the raw-marks in written examination, the last selected candidate as a consequent to the Examination of 2007, his/her candidature would be considered for appointment in his own category, and on consideration, if he/she stands In merit, appointment be accorded to him/her on the post concerned on or before 1.12.2011. The petitioners if selected, they shall be treated as the recruits against the vacancy pertaining to that the advertisement dated 9.4.2007 relates and their seniority shall be reckoned accordingly. The relief granted in these petitions for writ shall remain confined to the petitioners only."
(3.) In pursuance of the judgment aforesaid, few other writ petitions were filed immediately thereupon and had been covered by the judgment in the case of Ram Narayan Bhanwareya and Ors. (supra). In pursuance of the judgment, the petitioners were given appointment on the post of Platoon Commander but not on the post of Sub Inspector, Police (AP). The petitioners are now claiming their appointment on the post of Sub Inspector, Police (AP) as their raw marks are more than a candidate, namely, Anil Dev Kalla.;