JUDGMENT

1. These writ petitions have been filed by the petitioners aggrieved against exclusion of their names from the list of candidates, who have been called for document verification pursuant to the LDC Recruitment 2013.

2. It is inter-alia indicated in the petition that the recruitment was initiated by various Zila Parishads for which the last date of making application was 22.03.2013, which was extended to 18.04.2013.

3. The petitioners applied pursuant to the said advertisement and as they were in merit, they were called for document verification in the year 2015, however, at the relevant time, the petitioners could not appear for document verification due to unavoidable circumstances.

4. Now, on account of various directions issued by this Court, the respondents for the purpose of filling up the 4000 vacant posts pursuant to Recruitment, 2013 have issued list of wait listed candidates, wherein, in few petitions, name of the petitioners were included in the provisional waiting list but were excluded in the final list and in some cases their names have been totally excluded.

5. A prayer has been made in the petitions that the concerned Zila Parishad be directed to include their names in the list of candidates, called for document verification in relation to the available vacant post pursuant to Recruitment - 2013, as they are higher in merit than the candidates, who have been called for document verification by the respondents.

6. Learned counsel for the petitioners made submissions that the action of the respondents in issuing the list of candidates called for document verification by excluding them, is not justified, as the petitioners are having more marks than the candidates, who have been called for document verification.

7. Further submissions have been made that the respondents, in the past also, when they did not permit candidates like petitioners i.e. who could not appear for document verification when they were called in the year 2015, had approached this Court by filing petitions led by Babita Choudhary v. State of Rajasthan & Ors.: SBCWP No.16318/2017, decided on 11.12.2017, which followed judgment in Brijesh Kumari v. State of Rajasthan & Ors.:SBCWP No.18992/2017, decided on 08.11.2017 at Jaipur Bench, wherein, in a recruitment for the post of Teacher Grade III the Court had directed the respondents that they should give one more opportunity to the petitioners to come forward for their document verification and it was made clear that the said direction was only with regard to the document verification of the petitioners, who were prevented from appearing on the earlier given date. Pursuant thereto, the respondents had issued a circular dated 29.05.2018 (Annex.7 in SBCWP No.15629/2022), wherein, all the Zila Parishads were directed to comply with the directions given by the Court, as the special appeal filed by the State being DBSAW No.550/2018: State of Rajasthan & Ors. v. Babita Choudhary had been dismissed on 12.03.2018.

8. Learned AAG appearing for the State made submissions that the petitioners are not entitled to any relief, inasmuch as, the petitioners when called for document verification pursuant to the Recruitment - 2013, at relevant time despite being aware of the said aspect, choose not to appear for document verification and, therefore, having missed the bus at the relevant time, now they cannot seek consideration of their candidature pertaining to Recruitment - 2013 at such a belated stage, wherein, on account of the directions given by this Court for the post which remained vacant pursuant to the Recruitment - 2013 are sought to be filled up by the respondents from the wait listed candidates and, therefore, the petitions deserve dismissal.

9. Submissions were also made that the respondents while preparing the list of candidates, who have been called for document verification have excluded the candidates, who have obtained higher marks than the previous cut-off, those who remained absent for document ver