D.B. Special Appeal (Writ) No. 391/2002 D.B. Civil Misc. Stay Application No. 2755/2002 (Asharam & Others Versus The State of Rajasthan & Another) Date of Order :: 9th February, 2010 HON'BLE MR. JUSTICE K.S. RATHORE HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Saransh Saini, counsel for the appellants. Dr. R.K. Sharma, counsel for the respondents This special appeal is directed against the order dated 24th April, 2002 passed by the learned Single judge in S.B. Civil Writ Petition No. 2415/2002. The learned counsel for the parties do not dispute the fact that the controversy involved in this matter is already decided by the Division Bench of this Court vide judgment dated 12.9.2008 rendered in D.B. Civil Special Appeal (Writ) No. 902/2002 (State of Rajasthan & Others Versus Om Prakash Mali) and 23 other connected appeals, and the present matter is squarely covered by the judgment dated 12.9.2008 rendered by the Division Bench of this Court in the case of Om Prakash Mali (Supra). -2- In the case of Om Prakash Mali (supra), in para no. 30, the Division Bench observed as under: “Because of this judgment the appellants-State will face a situation where 200 posts were advertised and the candidates to whom the appointments in first and second lists have been issued are 248 and the appellants-State has to accommodate 48 more candidates. If the Government decides to accommodate 48 more candidates in that event the Government need not take any action on the fate of the candidates who have been selected despite bereft of requisite eligibility on the cut off date. We feel that the candidates are serving the State till date on the strength of interim orders granted by the Court. We feel that it is a case where justice should be done to them also otherwise their fate will hang only in litigation. We invoke our power under Article 142 of the Constitution of India to do complete justice and direct the State Government that if the candidates of the second list can be accommodated against the subsequent vacancies, the State Government is at liberty to do so. We have been told that 419 vacancies of Nurse and Compounder have been referred to Rajasthan Public Service Commission for selection in the year 2008. The State Government is at liberty to withdraw equal number of posts for accommodating the candidates. In that event we direct that the candidates who appeared in the first list shall be senior to the candidates who have appointed in the second list and that the -3- candidates who have not worked against the post shall not be entitled to pay and will only be entitled to the seniority from the date of their appointment.” In the light of the aforesaid observation made by the Division Bench of this Court, this special appeal also stands disposed of and the judgment dated 12.9.2008 be treated as a part of this judgment. Consequent upon the disposal of special appeal, the stay application, filed along-with the special appeal does not survive and the same also stands disposed of. (MAHESH BHAGWATI),J. (K.S. RATHORE),J. DK/-