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2018 Supreme(Raj) 852

MUNISHWAR NATH BHANDARI, DINESH CHANDRA SOMANI
AKHIL BHARTIYA VALMIKI SAMAJ AARAKSHAN SAMAJIK SHODH AND VIKAS SAMITI – Appellant
Versus
STATE OF RAJASTHAN THROUGH PRINCIPAL SECRETARY, LOCAL SELF DEPARTMENT, RAJASTHAN, SECRETARIAT, JAIPUR – Respondent


Advocates:
Advocate Appeared:
P.C. Jain, Adv., Ashish Joshi, Adv., Mamta, Adv., Rajendra Prasad, Adv.

JUDGMENT

1. By this writ petition, a challenge is made to the Notification dated 23rd January, 2014 amending Rule 9 of the Rajasthan Municipalities (Safai Employees Service) Rules, 2012 (for short "the Rules of 2012"). The rule aforesaid provides procedure for direct recruitment on the post of Safai Karamchari. A challenge is further made to the advertisement dated 13th April, 2018 to invite applications for the post of Safai Karamchari. The amended rule provides additional method of selection. It is by drawing lottery of the applicants.

2. Learned counsel for petitioner submits that respondents had issued an advertisement on 25th May, 2012 to invite applications for the post of Safai Karamchari. At the relevant time, selection on the post of Safai Karamchari could have been made on the basis of merit, interview, experience and not by way of lottery. The respondents amended Rule 9 of the Rules of 2012 vide impugned Notification dated 23rd January, 2014 so as to add lottery as a method of selection. The procedure aforesaid is illegal and unconstitutional. It is for the reason that lottery system cannot make selection based on merit or taking into consideration the experience. It shoul































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