ORDER :

These writ petitions have been filed by the petitioners in relation to recruitment of Teacher Grade-III (Level-I) and Teacher Grade-III (Level-II) pursuant to Recruitment-2018 under the Rajasthan Panchayati Raj Act, 1994 (“Act of 1994”) and Rajasthan Panchayati Raj Rules, 1996 (“Rules of 1996”).

2. The recruitment was initiated by issuance of Advertisement dated 12.04.2018 for the post of Teacher Grade-III Level I for Non-TSP area and Advertisement dated 31.07.2018 for recruitment on the post of Teacher Grade-III (Level-II) for Non-TSP area. Based on the advertisement, provisional selection lists were issued and the selected candidates were called for document verification; pursuant thereto, the eligible candidates were offered appointments.

3. As due to ineligibility/absence of the candidates at the time of document verification and non-joining by various appointed candidates, several posts remained unfilled, the State Government pursuant to order dated 25.02.2019 (Annex.14 with SBCWP No.2458/2021) prepared reserve/wait lists dated 08.05.2019 and 28.02.2019 for Level-I and Level-II respectively, called the candidates for document verification and offered appointments. When various posts still remained unfilled, again because of ineligibility/absence of the candidates at the time of document verification and non-joining of the various appointed candidates, the State decided not to proceed further pursuant to Recruitment 2018, a batch of writ petitions led by Kuldeep Kumar vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.2094/2019 pertaining to Teacher Grade-III (Level-II) came to be filed, which were decided by order dated 20.07.2020 whereby the petitions were allowed.

4. Similarly, following the judgment in the case of Kuldeep Kumar (supra), a group of petitions pertaining to Teacher GradeIII (Level-I) led by Lokendra Singh vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.1184/2020 came to be decided by order dated 17.08.2020.

5. When the State implemented the directions given in the case of Kuldeep Kumar (supra) and Lokendra Singh (supra) by issuing list dated 29.12.2020 for Teacher Grade-III (Level-I) and list dated 11.01.2021 for Teacher Grade-III (Level-II), the same resulted in filing of the present writ petitions, led by Ramniwas pertaining to Teacher Grade-III (Level-I) and Rakesh Godara relating to Teacher Grade-III (Level-II).

6. The petitioners in the petitions have assailed the validity of the list being allegedly in violation of the provisions of Rule 277 A (vi) of the Rules of 1996 and in view of the fact that the cutoff for Teacher Grade-III (Level-II) in the list dated 29.12.2020 for General Male and OBC Male were identical i.e. 70.67% with the submission that the respondents pursuant to decision dated 25.02.2019 (Annex.14), were bound to reshuffle the candidates and the offering of the appointment category-wise by the respondents is ex-facie contrary to the law.

7. Submissions have been made that the law with regard to recruitment and operating of the list is well settled, inasmuch as against the vacancy identified for open category, everyone irrespective of their category, should be allowed to compete on the basis of merit and meritorious candidates should be first selected under the open quota, which aspect has been grossly violated by the respondents while issuing the lists dated 29.12.2020 and 11.01.2021. Submissions have been made that the directions given in the case of Kuldeep Kumar (supra) and Lokendra Singh (supra) have been wrongly implemented, inasmuch as the direction given was required to be read in the context and the respondents have violated the law, as laid down. It is prayed that the petitions deserve to be allowed, the lists as published deserve to be quashed and the respondents be directed to act in accordance with law by following the procedure prescribed under Rule 277A (vi) of the Rules of 1996 and various judgments of the Hon’ble Supreme Court.

8. Reliance has been