Chhoti Kumawat vs State of Rajasthan - 2021 Supreme(Raj) 1791

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1791

ARUN BHANSALI
Chhoti Kumawat – Appellant
Versus
State of Rajasthan – Respondent

Advocates appeared:
Mr. Gajender Sharma, Advocate, for the Petitioner

JUDGMENT

Learned counsel for the petitioner submits that the issue involved in present writ petition is squarely covered by the judgment of this Court in case of Surja Ram & Ors. v. State of Rajasthan & Ors. - S.B.C.W. No. 3082/2018, decided on 09.02.2018. The judgment reads as under:-

"The controversy raised in the instant writ application is no more res-integra in view of the adjudication made in the case of Suman Bai & Anr. v. State of Rajasthan & Ors.: 2009 (1) WLC (Raj.) 381, wherein the Coordinate Bench of this Court observed thus:

"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 application 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 basis of placement of candidates

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