IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SAMEER JAIN
Ramesh Chand Saini Son Of Shri Nathu Lal Saini – Appellant
Versus
State Of Rajasthan through Additional Chief Secretary Panchayati Raj Department – Respondent
| Table of Content |
|---|
| 1. factual context of recruitment case (Para 1 , 2 , 3) |
| 2. petitioners’ grievances on appointment delays (Para 4 , 6 , 11) |
| 3. role of binding precedents in employment disputes (Para 24 , 41) |
| 4. court's assessment of prior judgments (Para 32 , 37 , 38) |
| 5. conclusion on dismissal of petitions (Para 44) |
Judgment :
SAMEER JAIN, J.
1. In the present batch of writ petitions, the controversy which engages the attention of this Court, albeit multifaceted, is predominantly circumscribed by the challenge directed against the impugned letter dated 07.09.2022, issued by the respondent– authorities in connection with the recruitment process for the post of Lower Division Clerk (hereinafter referred to as ‘LDC’), 2013. It is alleged that by virtue of the aforesaid letter, the respondents restricted appointments to merely 4000 posts, notwithstanding the availability of approximately 19,000 vacancies under the said recruitment exercise. Inasmuch as the issues raised in all these writ petitions rest substantially upon common questions of law and fact, this Court, with the consent of the learned counsel appearing for the parties, has considered it appropriate to take up S.B. Civil Writ Peti
Tej Prakash Pathak and Ors. v. Rajasthan High Court and Ors.
Kalawati Vs. State of Rajasthan & Anr.
Shankarsan Dash v. Union of India:
State of Bihar v. Md. Kalimuddin:
State of Haryana Vs. Subash Chander Marwaha:
Merely being included in a select list does not provide an indefeasible right to appointment; the State can regulate vacancies as per policy needs, provided there is no arbitrariness.
Candidates have a right to be considered for appointment but no vested right to receive an appointment from a select list.
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