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2023 Supreme(Raj) 512

SUDESH BANSAL
Aakriti Saxena D/o Shri Niranjan Prakash Saxena – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Tanveer Ahamad, Sara Praveen.
For the Respondents: Rajesh Maharshi, Kinjal Surana, Nikhil Saini.

JUDGMENT :

SUDESH BANSAL, J.

1. Heard counsel for both parties at length on merits of writ petition and perused the material placed on record.

2. Petitioner has laid the instant writ petition under Article 226 of the Constitution of India seeking direction against respondents to consider her candidature for selection and appointment on the post of Assistant Statistical Officer (ASO), pursuant to advertisement dated 06.07.2020. Since petitioner stands at rank No. 1 in the reserve list, therefore, petitioner has laid her claim against the post which has fallen vacant due to not joining by Mr. Sunil Machhera, a candidate from the main select list of 11 candidates to whom offer for appointment on the post of ASO in general category was issued by the State authorities vide order dated 23.11.2021 but he declined to join on the post on 28.02.2022. Hence, to fill up this unfilled post pursuant to advertisement dated 6.7.2020, petitioner has filed the instant writ petition.

3. The factual matrix of the case is that the RPSC vide advertisement dated 06.07.2020 notified 11 vacancies of ASO (5 General+1 General Women+1 SC+1 ST + 2 OBC+ 1 EWS= total 11) for appointment in the Agriculture Department

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