Alok Sharma, J. - (1.) Under challenge is the order dated 9-7-2015 passed by the respondents rejecting the petitioner's representation, made pursuant to order dated 8-4-2015 in SBCWP No.4298/2015, for appointment in view of the selection on the post of Assistant Radiographer in the Directorate, Medical & Health Services, following the advertisement dated 26-2-2013, only on the ground that a subsequent advertisement for the aforesaid post had been issued on 1-7-2013 consequent to which selections made under the previous advertisement where appointments had not been made, stood lapsed. FACTS: The Directorate Medical & Health Services Rajasthan issued an advertisement on 26-2-2013 inviting applications for appointment to 218 posts of Assistant Radiographers and Lab Technicians under the Rajasthan Medical & Subordinate Service Rules, 1965 (hereinafter 'the Rules of 1965'). Having passed Senior Secondary examination with Biology and B.Sc. Radiation Technology, the requisite eligibility for the post of Assistant Radiographer, the petitioner applied under the OBC women category. The petitioner's merit was evaluated under the selection process on the basis of her percentage in the qualifying examinations and she was included in the select-list issued on 10-5-2013 for the post of Assistant Radiographer at Serial No.46. She was then required to submit her original documents for verification on 13-5-2013. It appears that under the excitement of having been selected, the petitioner submitted the mark-sheet dated 23-5-2002 of her Senior Secondary examination (with Biology) as also of B.Sc. Radiation Technology (dated 26-6-2009) on 13-5-2013. The mark-sheet of B.Sc. Radiation Technology however reflected her as having failed in the subject of Basic Principles of Radio Therapy. The petitioner had passed the said back paper but unfortunately did not carry with her and submit the mark-sheet dated 10-6-2011 evidencing her having passed it. The petitioner having stated that she had no back paper in B.S. Radiation Technology was required to submit proof of having passed it. She then, on 14-5-2013 submitted the said mark-sheet dated 10-6-2011 in proof of having passed the back paper in Basic Principles of Radio Therapy. And therewith also submitted for good measure a provisional certificate dated 14-5-2013 issued by the Rajasthan University of Health Sciences showing her as having passed the 3 years B.Sc. Radiation Technology. The documents submitted on 14-5-2013 were accepted by the respondents without any objection, and rightly so as there was no prohibition statutory or executive from so doing.
(2.) Albeit other candidates selected for the post of Assistant Radiographer under 10-5-2013, whose documents of eligibility were verified on 13-5-2013 were appointed sometime in June, 2013 (as admitted in court), the petitioner inexplicably was not so appointed despite her merit in select-list dated 10-5-2013 and having established that she had the requisite eligibility. Representations to respondents as also to the political executive were of no avail. On the petitioner's application under the provisions of Right to Information Act, 2005 (hereinafter 'the Act of 2005') seeking reasons for her non-appointment, she was informed vide letter dated 27-8-2014 that she could not be appointed even subsequent to submission of the supplementary mark-sheet dated 10-6-2011 on 14-5-2013 evidencing her having passed the back paper in Basic Principles of Radio Therapy, for the reason that the Principal Seat of this court at Jodhpur in SBCWP No.9352/2013, Mahendra Kumar Vs. State of Rajasthan vide order dated 2-9-2013 had made a reference to the Larger Bench, relating to the recruitment process to the post of Assistant Radiographers following the advertisement dated 26-2-2013 and had directed that no selection to the post of Assistant Radiographer pursuant to the said advertisement be made till the decision of the Larger Bench. The petitioner was informed that the State of Rajasthan has filed a Special Leave Petition before the Hon'ble Apex Court against the order dated 2-9-2013 in SBCWP No.9352/2013 and the issue of her appointment would be considered following its disposal.
(3.) It appears that the said Special Leave Petition against the order dated 2-9-2013 in the case of Mahendra Kumar was apparently withdrawn in first week of January, 2015. Yet the petitioner was not appointed to the post of Assistant Radiographer despite her having been selected in May,2013 pursuant to advertisement dated 26-2-2013.;