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Judgment
The appeals have been placed before the Court because an application for early hearing has been filed.
We have heard learned counsel for the parties.
Application for early hearing is accordingly disposed of as infructuous. D.B. Civil Special Appeal Writ No. 381/2016 D.B. Civil Special Appeal Writ
No. 380/2016 D.B. Civil Special Appeal Writ No. 382/2016:-
Three writ petitions have been dismissed by a common order dated 07/01/2016. Thus, we dispose of the three writ appeals by a common order.
An advertisement was issued ion 07/06/2013 inviting applications to fill up 756 posts of Ayurved Compounder Nurse â€" Junior Grade. A
corrigendum was issued on 02/08/2013. Posts to be filled up were increased by 244. Thus, 1000 posts were to be filled up. Writ petitions were filed
pleading that 343 backlog vacancies in SC category existed. Prayer made was to direct the respondents to correct the number of posts in the
unreserved and reserved category. Meaning thereby, a further corrigendum be issued after taking into account the backlog of 343 SC vacancies.
The case pleaded by the appellants was that vacancies in the SC category had not been filled up since year 1995 till the year 2010 other than filing
few posts in the year 2002. The petitioners relied upon a letter dated 28/07/2011 written by the State of Rajasthan to the National Scheduled Castes
Commission informing that as on 31/08/2003, 568 posts of Nurse/Compounder were to be filled up which included 343 backlog vacancies of SC
candidates. This communication along with its note-sheet was made the fulcrum of the argument that 343 posts reserved for SC candidates were not
filled up.
The learned Single Judge has rightly held that the communication dated 28/07/2011 related to the posts as on 31/08/2003 and thus could not be made
the basis to determine SC vacancies for the year 2013. The learned Single Judge has opined that a better information would be available as per the
letter dated 02/04/2013 annexed as Ann.5 with the writ petition itself. The information in the said letter shows that in the year 1997, 158 unreserved
vacancies and 25 SC vacancies were filled up. In the year 1999, 155 unreserved and 25 SC vacancies were filled up. In the year 2002, 200 General
and 32 SC vacancies were filled up. In the year 2009, 183 and 369 unreserved and 260 also 79 SC vacancies were filled up. From the said letter the
learned Single Judge has held that 16% posts would be filled up from amongst the SC category candidates. No backlog vacancies were shown when
the last recruitment was made in the year 2009.
In the appeals today, learned counsel for the appellants seeks to argue the vacancy position with reference to the letter dated 28/07/2011. As noted
above, the said letter gave the picture as on 31/08/2003.
In our opinion, the learned Single Judge has correctly culled out the position with respect to the letter dated 02/04/2013.
There is yet another aspect which is relevant to be noted. Earlier, the Rules of 1966 were in place. As per said rule there was no bifurcation of the
posts in the rural or urban areas. New rules were promulgated in the year 2008. Thus, in the new rules the posts be there in the unreserved or
reserved category which had to be bifurcated. We find no infirmity in the view taken by the learned Single Judge.
The appeals are dismissed.