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2017 Supreme(Raj) 2244

NIRMALJIT KAUR
SWAROOP KUMAR ACHARYA – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
For the Appellant :Mr. Vineet R. Dave for Mr. Rajesh Joshi, Senior Counsel and Mr. R.C. Joshi, Advocates.
For the Respondent:Mr. S.S. Ladhrecha, AAG, assisted by Mr. Vikash Choudhary, Advocate.

ORDER :

Nirmaljit Kaur, J.

All the above-mentioned writ petitions shall stand decided by this common order as the issue involved is identical.

2. The petitioners herein are seeking appointment to the post of Safai Employees in pursuance to the advertisement dated 25.05.2012. 11376 posts were advertised for the post of Safai Employees vide advertisement dated 25.05.2012. Out of these posts, 601 posts were to be filled by Municipal Council, Bikaner. From these 601 posts, 307 posts were kept for General category and out of these 307 posts, 206 posts were to be filled from General category. It is therefore evident that the total posts were 206 but only 52 candidates (38 Male candidates + 14 Female candidates) in the General category applied. The respondents decided to fill up these posts through lottery based system. While doing so, the names of the candidates belonging to the General category and SC category were put together in the same lot before drawing the lottery. Whereas, total 206 posts were required to be filled by General category and only 52 candidates were available. Hence, all the 52 candidates were entitled to be appointed before transferring the remaining posts in the categ




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