Rajasthan High Court - Jodhpur
Vinay Kumar Vyas vs State Of Rajasthan And Ors. ... on 19 March, 2025
[2025:RJ-JD:14770]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12108/2017
Vinay Kumar Vyas S/o Narayandas Vyas, By Caste Brahamin, R/o
Near Local Children School F, 669 Murlidhar Vyas Nagar, Bikaner
Raj..
----Petitioner
Versus
1. State Of Rajasthan Through Secretary Local Self
Department, Government Of Rajasthan, Secretariat
Jaipur.
2. Principal Council Bikaner, Through Executive Officer.
3. Commissioner Municipal Corportation, Bikaner.
----Respondents
For Petitioner(s) : Mr. Nitin Trivedi
For Respondent(s) : Mr. D.S. Pidiyar for
Mr. S.S. Ladrecha, AAG
Mr. Vikash Choudhary
Mr. Askaran Maru
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
19/03/2025
1. The petitioner herein (a general category candidate),
aspirant to become Safai Karamchari, pursuant to an
advertisement dated 25.05.2012 (Annex.4), seeks appropriate
writ, order and/or direction to the respondents to accord him
appointment in the light of the order passed by a Coordinate
Bench of this Court in a bunch of writ petitions led by S.B. Civil
Writ Petition No.7371/2014 (Swaroop Kumar Acharya & Ors. Vs.
State of Rajasthan & Ors.), decided on 09.05.2017.
2. The brief facts first. The respondent No.1 published an
advertisement (Annex.4) inviting applications for the post of Safai
Karamchari. For Municipal Corporation, Bikaner, 601 posts were
available, out of which 307 posts were reserved for general
category candidates against which 38 general male candidates
[2025:RJ-JD:14770] (2 of 5) [CW-12108/2017]
applied in which name of petitioner stands at S.No.25. The
selection was to be conducted by way of lottery.
2.1 The draw of lot was conducted on 13.10.2014 but the name
of the petitioner did not find place. The petitioner approached the
respondents by filing a representation dated 24.07.2017
(Annex.8) but to no avail. Hence, this petition.
3. The defence taken in the reply filed on behalf of the
respondents is that the present writ petition has been filed after
an inordinate delay. The recruitment notice was issued in the year
2012 and lottery was drawn in the year 2014. The petitioner
remained silent for years together and approached this Court
after completion of selection process and after appointment of
eligible candidates and even after issuance of fresh notification of
2018.
4. In the aforesaid backdrop, I have heard learned counsel for
the petitioner and perused the case file.
5. At the threshold, let us first deal with the objection qua the
delay as raised by the respondents.
6. The entire selection process was under challenge before this
Court vide S.B. Civil Writ Petition No.7371/2014 (Swaroop Kumar
Acharya & Ors. Vs. State of Rajasthan & Ors.) which attained
finality only upon rendition of the judgment dated 09.05.2017,
which is relied upon by the petitioner. Immediately thereupon, the
petitioner submitted a representation dated 24.07.2017 which was
though entertained by the respondents but no decision was taken
eitherway. Consequently, he filed the instant writ petition on
20.09.2017. Notice was issued by this Court on 04.10.2017.
[2025:RJ-JD:14770] (3 of 5) [CW-12108/2017]
7. The sequence of events are thus, self speaking and need no
further adumbration. The same reveals that the petitioner was
vigilant all throughout and took appropriate steps with alacrity
after the finalisation of the selection process pursuant to the
judgment rendered by this Court. The said objection is accordingly
overruled.
8. Speaking on merits, first and foremost, the relevant part of
the judgment, ibid reads as under:-
"The petitioners herein are seeking appointment to the post of
Safai Employees in pursuance to the advertisement dated
25.05.2012. 11376 posts were advertised for the post of Safai
Employees vide advertisement dated 25.05.2012. Out of these
posts, 601 posts were to be filled by Municipal Council,
Bikaner. From these 601 posts, 307 posts were kept for General
category and out of these 307 posts, 206 posts were to be filled
from General category. It is therefore evident that the total posts
were 206 but only 52 candidates (38 Male candidates + 14
Female candidates) in the General category applied. The
respondents decided to fill up these posts through lottery based
system. While doing so, the names of the candidates belonging
to the General category and SC category were put together in
the same lot before drawing the lottery. Whereas, total 206 posts
were required to be filled by General category and only 52
candidates were available. Hence, all the 52 candidates were
entitled to be appointed before transferring the remaining posts
in the category of SC.
No explanation, rational or the object behind joining together
both the categories is forthcoming. The very method of joining
both the categories together while drawing lottery and thus
depriving the petitioners for appointment by putting them up in
a disadvantageous position vis. a vis. the Scheduled Caste
category (SC) is unfair and in this manner is not only arbitrary
but also discriminatory. The same is not supported by Rule,
Order of Regulation. It has caused prejudice to the petitioners.
The selection of the petitioners which was certain in view of the
candidates being less than the number of posts was not only
nullified but the petitioners were deprived of their rightful claim
under the General category for which the posts were kept
separately to be filled from the said category. Adopting the
procedure of filing up the posts by a lottery system is one thing
and violating the clause in the advertisement vide which a fixed
number of posts were kept for each respective category in spite
of the availability of the candidates in the said category is
[2025:RJ-JD:14770] (4 of 5) [CW-12108/2017]
another. While filling up the posts through lottery system, the
respondents could not have reduced or increased the number of
posts to be filled under the respective category."
9. I am in respectful agreement with the views as expressed
above.
10. Moreover, it is rather unfathomable as to why would the
respondents still resort to keep the fate of the candidates under
damocles sword for no reason knowing fully well that number of
applicants qua the post in question were far less than the posts
advertised. The entire purpose of inventing the ingenuity of draw
of lots is that there is no discrimination and/or arbitrariness in
case the number of applicants are more than the posts advertised.
It is in that context, until the equivalent number of candidates are
picked-up from the draw of lots, the draw does not conclude.
11. Accordingly, I see no reason when the applicants concededly
were less than the number of posts, then why all of them could
not be accommodated.
12. As an upshot, the writ petition is allowed. The respondents
are directed to appoint the petitioner on parity with those
candidates who had approached this Court by way of writ
petitions, ibid, which were allowed in the following terms:-
"In view of the above, the present writ petitions are allowed and
the respondents are directed to offer appointment to the
petitioners forthwith if otherwise qualified and eligible. The
needful be done within two months from today. However, it is
clarified that the said appointment shall relate back to the date
of filing of the present writ petition i.e. November, 2014.
However, only notional benefits shall be given."
13. In the parting, I may like to make it clear that vagaries of
the litigation are such that some times the candidates, aspirant of
the employment, had to suffer for no fault of theirs. Though the
[2025:RJ-JD:14770] (5 of 5) [CW-12108/2017]
petitioner was throughout available to work as Safai Karamchari,
but yet for not fault of his, work was not taken from him.
Accordingly, though he shall be entitled to seniority and notional
benefits with effect from the same date when his counter-parts
were appointed but no financial benefits would be accorded on the
principle of "No work - No Pay".
14. All pending application (s), if any, shall also stand disposed
of.
(ARUN MONGA),J
84-SP/skm/-
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