(Rajasthan High Court)
Honble GOPAL KRISHAN VYAS, J.
Meethanath - Appellant
Versus
State of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 3519 of 1993
Decided On : February 11, 2008
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(2). Without prejudice to the above relief, the petitioner has further prayed that appointment of Shri Radhey Shyam Koli, respondent No. 4 who had not qualified the screening test and was wrongly called for appearing before the selection committee for interview may be declared illegal and quashed.
(3). According to the facts narrated by the petitioner in the writ petition, the Commission invited applications from eligible candidates vide advertisement No. 5/90-91 with a view to selecting suitable candidates for appointment to the posts of Public Relations Officer in the Government of Rajasthan, Department of Information & Public Relations against five existing vacancies. Alongwith many others, the petitioner applied and he was allowed to appear in the screening test conducted by the Commission with Roll No. 122. In the said screening test, the petitioner was declared qualified alongwith 15 persons. However, the petitioners candidature was rejected on the ground that the petitioner was not possessed of five years experience as a journalist or sub-editor of any state-level or national level newspaper.
(4). Against aforesaid rejection of the candidature, the petitioner approached this Court by way of filing S.B. Civil Writ Petition No. 6675/1991 and, in that writ petition, ad interim order directing the respondent Commission to call the petitioner to face interview was passed and, in pursuance of the ad interim order, the petitioner was interviewed by the Commission.
(5). In the writ petition, while laying the foundation, the petitioner has also made averments that on the interview-board, besides Shri G.P. Pilania, Member of the Commission, Shri R.S. Gupta and Shri D.N. Upadhyay set and both Shri Gupta and Shri Upadhyay extensively interviewed the petitioner.
(6). After interview, the result of the petitioner was not declared and, at last, the writ petition filed by the petitioner was accepted vide judgment dated 2.12.1992 and the petitioner was held eligible for the post of Public Relations Officer. The validity of judgment dated 2.12.1992 passed in S.B. Civil Writ Petition No. 6675/1991 was assailed by the Commission before the Division Bench. The directions given by the learned Single Judge, to the extent of petitioners eligibility for appointment to the post of Public Relations Officer under the Rajasthan Public Relations Service Rules, 1966 (referred to hereinafter as "the Rules of 1966"), was maintained. At the time of deciding the special appeal, the Division Bench passed the following order:
"In the result we uphold the judgment of the learned Single Judge so far as the respondent No. 1 Mithlesh Nirmohis eligibility to take up interview for the post of Public Relation Officer is concerned and order that if the respondent Mithilesh has secured requisite merit in the interview he be given appointment as Public Relation Officer by the Government forthwith. However, the finding of the learned Single Judge will confer no right on the daily news-paper Jaltey Deep to be treated as State level news-paper. That will be a matter which will have to be decided by the appropriate authority as per Rules. However, the State Government is directed to frame Rules prescribing norms, scales and standards for grant of a status to the news- paper to be classified either as a National level news-paper or a State level news-paper or to be treated as a local or District level news-paper.
The special appeal stands disposed of accordingly on merits with no order as to costs."
In pursuance of the aforesaid order, the petitioner received communication dated 15.3.1993 whereby he was informe
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