Gopal Krishan Vyas, J. - (1.) MR .Narpat Singh, for the petitioner. Mr.B.L.Tiwari, for the State. In this writ petition, petitioner is claiming direction to the respondent No. 3 to appoint him as Constable with all consequential benefits.
(2.) ACCORDING to the facts narrated in the writ petition, in pursuance of advertisement issued by respondent No. 2 on 18/1/2003 for direct recruitment on the post of Constable in various districts of State of Rajasthan, the petitioner applied for the post of Constable in Bikaner District for which 62 posts were advertised. Out of 62 posts advertised for Bikaner District, 51 vacancies were for general category and remaining 11 vacancies were reserved for other backward classes (OBC). The petitioner was possessing requisite qualification for the post of Constable, and belongs to OBC Category, therefore, he was called for appearing in the written test which was held on 20/4/2003 in which he was declared successful. Consequently, he was called for physical test and interview vide call letter No. 397. The petitioner participated in the physical test held on 12/6/2003 and thereafter, appeared before the Selection Committee to face the interview, in which also he was declared successful. After the aforesaid selection process, respondents issued appointment letters to the successful candidates but petitioner was not given appointment. Upon inquiry, petitioner came to know that his name is at serial No. 1 in the waiting list. According to the petitioner, one Prakash Ram son of Heera Ram Vishnoi, who was provided appointed under the OBC category left the job upon his selection on the post of Assistant Sub -Inspector, therefore, one post of Constable has fallen vacant in the Department. On coming to know of this fact of leaving job by one Prakash Ram, petitioner made a representation to the respondents and made a request to provide him appointment but nothing was done.
(3.) IT is submitted by the petitioner that two candidates belonging to general category, who were also in waiting list, were given appointment on account of availability of two posts due to non -joining of two persons from the main list. In these circumstances, when petitioner was not provided appointment on account of leaving job by one Prakash Ram, he preferred the instant writ petition.;