Honble TIBREWAL, J.–This petition involves a short but important question of law. The question is : whether denial of appointment to the petitioner on the post of Junior Marketing Officer merely on the ground of pendency of two criminal cases is legally sound ? In other words, whether action of the respondents denying appointment to the petitioner is arbitrary and violative of Articles 14, 15 and 16 of the Constitution ? By this petition under Article 226 of the Constitution, the petitioner is seeking a writ of mandamus to give him appointment, with all consequential benefits, on the post of Junior Marketing Officer with effect from 7.11.1996 when persons junior to him were given appointment.

(2). Factual position is not much in dispute. Pursuant to an advertisement No. F. 7(26)/RE/94-95 issued by the Rajasthan Public Service Commission (for short `RPSC) inviting applications from eligible candidates to fillup five vacancies of Junior Marketing Officer by direct recruitment, petitioner applied for the same. He appeared in screening examination and after found successful he was called for interview. Thereafter, on the basis of merit he was selected for appointment and his name was in

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