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DINESH MEHTA
Hukam Chand – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Learned counsel for the petitioners submits that the issue involved in present writ petition is squarely covered by the judgment rendered by Jaipur Bench of this Hon'ble Court in case of Surja Ram & Ors. Vs. State of Rajasthan & Ors. - SBCW No.3082/2018, decided on 09.02.2018. The judgment reads as under:-
"5. Upon consideration of the arguments aforesaid and the judgment of the Division Bench in Hari Ram and the subsequent order dated 21.7.2001 whereby clarification mapplication of the State Government was dismissed, I find that the entitlement of the petitioner for appointment on the basis of originally prepared merit list cannot be denied. If admittedly the candidates, who are lower in merit, have been granted appointment, those who are above them in the merit cannot be denied such right of appointment. Seniority as per the rules in the case of direct recruitment on the post in question is required to be assigned on the
Seniority in recruitment must align with merit rankings, ensuring fair treatment of candidates based on their performance in a common selection process.
Entitlement for appointment based on the originally prepared merit list cannot be denied, and seniority should be assigned as per the inter-se merit of the candidates in the merit list based on commo....
Seniority in recruitment must align with merit placement in a common selection process, as per applicable rules.
Entitlement for appointment on the basis of the originally prepared merit list cannot be denied, and seniority should be assigned based on the placement of candidates in the select list.
The entitlement of the petitioners for appointment on the basis of the originally prepared merit list cannot be denied, and they should be accorded seniority on a notional basis from the date juniors....
Seniority in recruitment must align with merit as per the common selection process, ensuring higher merit candidates receive appropriate recognition and benefits.
Seniority in recruitment must align with merit, ensuring that candidates with higher merit are prioritized over those with lower merit.
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