GOPAL KISHAN VYAS,J. - (1.) It is second round of litigation. Against denial of appointment, the petitioner who belongs to SC category preferred DBCWP No.13192/2015 in which after considering the reply filed by the respondent High Court, an order was passed on 8.3.2017 whereby the writ petition was disposed of with liberty to the petitioner to file representation alongwith copy of the judgment rendered by the Hon'ble Supreme Court in the case of Avtar Singh v. Union of India and Ors. reported in 2016(3) S.C.T. 672 : (2016) 8 SCC 471 and respondents were directed to decide the representation of the petitioner within a period of two weeks from the date of receiving certified copy of the order in the light of adjudication made by the Hon'ble Supreme Court in the case of Avtar Singh (supra). The respondent High Court in compliance of the aforesaid direction again rejected the claim of the petitioner for appointment vide communication dated 5.5.2017 (Annex.39), which is under challenge in this writ petition. The instant writ petition has been filed by the petitioner seeking following reliefs: "a. The action of the respondents while not giving appointment to the petitioner arbitrarily may kindly be declared bad in the eye of law; b. the order/letter dated 19.11.2015 i.e. annex.15 and order dt. 05.05.2017 i.e., annexure-39 along with all relevant orders and recommendations (which are in respondents' holding), rejecting/not recommending the candidature of the petitioner for the post of civil judge and judicial magistrate in pursuant to advertisement annex.1, may kindly be quashed and set aside. c. The rejection of the petitioner's candidature for the post of Civil Judge and Judicial Magistrate in pursuance to the advertisement i.e., Annex.1 may kindly be quashed and set aside. d. The respondents may kindly be directed to declare the petitioner fit for the appointment on the post of Civil Judge and Judicial Magistrate and give appointment to the petitioner on the post of Civil Judge and Judicial Magistrate w.e.f. the date on which lower to him in merit was given appointment with all consequential service benefits and arrears with necessary orders as to joining the service of Civil Judge and Judicial Magistrate. e. Any other order which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioners; and, f. Costs of this writ petition may kindly be allowed to the humble petitioner."
(2.) As per facts of the case, online applications for recruitment on 187 posts of Civil Judge (Junior Division) and Judicial Magistrate, First Class were invited by the respondent Rajasthan High Court vide advertisement dated 25.11.2013 under the Rajasthan Judicial Service Rules, 2010 (hereinafter referred to as the Rules of 2010 for short).
(3.) The selection process was initiated for the said post and the petitioner being eligible for the post in question applied as per the terms and conditions of the advertisement through online application form.;