Archana Jawa @APPELLANT@Hash State of Rajasthan & Ors.

Mukesh, Chaman Lal, Gopal, Supriya, Archana Jawa, Anil Kumar Barsa, Rajay Kumar, Momraj Chanwaria and Pukhraj were the 9 petitioners of

S.B.Civil Writ Petition No.2950/2015. The writ petition has been dismissed vide order dated 9.5.2017. In SAW No.616/2017, Mukesh, Gopal and

Supriya are the appellants. In SAW No.677/2017 the remaining writ petitioners are the appellants save and except Chaman Lal who appears to

have given up the fight.

Dispute relates to 601 posts of Safai Karamchari to be filled up by the Municipal Corporation, Bikaner pursuant to an advertisement issued on

25.5.2012. The case of the appellants before the learned Single Judge was that for reasons unknown only 293 posts of Safai Karamchari were filled

up. Prayer made was to fill up vacant posts by applying the wait list.

Without determining the number of posts which remained vacant the writ petition has been dismissed on the simple ground that the life of the wait

list was only three months and same had lapsed.

Since we are dealing with the petitioners who come from a socially and economically backward segment of the society evinced by the fact that

they seek employment to the post of Safai Karamchari we would prefer to find out whether the posts remained vacant and continue to remain vacant

so that cause of justice is furthered.

The record of the Municipal Corporation Bikaner would show that the break up of the 601 posts was as follows:-

General category 307

SC category 96

ST category 72

OBC category 126

The record shows that when the writ petition was filed, 294 general category candidates, who were offered appointment had joined. All 96

candidates in the SC category who were offered appointment had joined. Nobody joined in the ST category. In the OBC category 124 joined. Thus, in

the general category 13 posts remained unfilled and in the OBC only 2. In ST category all 72.

Now, none of the appellants belongs to a ST category and thus they cannot claim appointment against vacancies in ST category.

As regards general category candidates, record of the Municipal Corporation would show that 22 posts had to be kept vacant on account of interim

orders passed in Civil Writ Petition

No.7371/2014 filed by Swaroop Kumar Acharya and 21 others. When the writ petition filed by the appellants was disposed of, the interim order

was in force.

In fact the appellants have themselves admitted that 294 candidates in the general category were appointed in the year 2014.

We note that the writ petition filed by Swaroop Kumar Acharya and 21 others was allowed on 9.5.2017 i.e. when the writ petition filed by the

appellants was dismissed and a direction was to give appointment to said 22 persons. Meaning thereby, as of today the Municipal Corporation has,

because of judicial verdict filled up more than 307 posts in the general category.

Thus, no relief can be granted to the appellants and hence the appeals are dismissed.