Kailash Chand Sharma vs State Of Rajasthan And Ors

The case of the petitioner is that pursuant to the advertisement dated 27.11.2014 for appointment to the post of Junior Hydrologist with the Ground Water Department, he being eligible applied for the said post. He was admitted to the Screening Test and was short-listed for interview by the RPSC. There he was awarded 64 mark which placed him at merit no. 5 as against the 5 seats in general category for the post in issue - as advertised.

It has been submitted that 4 appointments to the post of Jr. Hydrologist in general category have been made and the petitioner has been placed in the waiting list despite being the 5th most meritorious in the general category and hence entitled to appointment only for reason of a pending petition i.e. SBCWP No. 8613/2016 titled Sourabh Ojha & Anr. Versus RPSC, Ajmer at the Principal Seat of this Court at Jodhpur. In the said petition, vide interim order dated 6.12.2017, the respondent - RPSC was required to keep two seats of Jr. Hydrologist with the Ground Water Department vacant for the petitioners therein. It has been submitted that subsequently from the interim order dated 21.2.2018 in SBCWP No 8613/2018, it is evident that the petitioners have not even secured the minimum cut off marks at the screening test. What of them being entitled to be appointed on the 5th vacant post in the general category. In this view of the matter, in-fact counsel for the petitioners in the said petition sought time to seek instructions as to whether the petitioners wanted to at all pursue the petition on merits.

It has been submitted that yet against the 5th vacancy in the general category for appointment to the post of Junior Hydrologist with Ground Water Department, the petitioner despite being 5th on the merit amongst general category candidates has not been appointed. Appropriate directions from the court have in the circumstances been sought by the petitioner.

Mr. Jeetendra Kr. Sharma appearing for the RPSC submitted that indeed the petitioner on the basis of his merit at the interview for the post of Jr. Hydrologist is entitled to be appointed to the 5th seat in general category as per advertisement dated 27.11.2014. He submitted that however the appointment is not being made in view of the interim order dated 6.12.2017 passed by the Principal Seat of this Court in SBCWP No.8613/2018. Mr.Jeetendra Kumar Sharma submitted that albeit subsequently in terms of the order dated 21.2.2018, counsel for the petitioner in SBCWP No. 8613/2018 sought time for taking instructions whether to at all pursue the petition, yet interim order dated 6.12.2017 still obtains and while it so does, the petitioner despite being entitled to appointment on the 5th vacant post in the general category, cannot be appointed to the post of Jr. Hydrologist.

Having heard the counsel for the petitioner and the respondents, I am of the considered view that in the facts of the case, this Court cannot issue any directions as prayed for by the counsel for the petitioner, in view of the interim order dated 6.12.2017 in SB CWP No.8613/2016 pending before the Principal Seat of this Court at Jodhpur.

The petition before this Court in the facts of the case is therefore, completely misdirected. This Court cannot conceivably pass any order in the cross-hair of any interim order of the Principal Seat of this Court at Jodhpur.

Resultantly, I would be inclined to dispose of this petition with liberty to the petitioner to take his remedy before the Principal Seat of this Court at Jodhpur by way of filing an application for impleadment in SBCWP No.8613/2016 or as he may otherwise be advised.