1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.11068/2010 Ashok Iyer Versus The State of Rajasthan and others DATE OF ORDER --- December 08,2010 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Ashok Gaur, for the petitioner Mr.N.A.Naqvi, Addl. AG for the respondents No.1 and 2 Mr.S.S.Raghav, for the respondent No.3 Mr.Sanjay Pareek, for the respondent No.4 UPSC BY THECOURT With the consent of counsel for the parties, the case was heard finally. Submission of counsel for the petitioner is that the petitioner is having 6½ outstanding remarks in his APAR, as per the Chart submitted by the respondents – 2001 to 2002 to 2008-09 and is further having 1½ `very good' remarks for the year 2003-04 and 2005-06 (Part-1) whereas Rajendra Bhatt whose name has been sponsored by the Cooperative Department and further sent by the Committee constituted for selection of Non-Civil Service Quota, is having 5 outstanding remarks in the APARs of 2004-05, 2005-06, 2006-07, 2007-08 and 2009-10 and is further having three `very good' remarks in the APAR for the year 2001-02, 2002-03 and 2003-04. Mr.Naqvi submits that since the name of the petitioner was not sponsored by the Cooperative Department, therefore, he could not have been considered by the Selection Committee on the recommendations of which the names were sent ot the Union Public Service Commission for interview against one post of Non State Civil Service quota. In the aforesaid facts and circumstances of the case, I consider it proper 2 to direct the Cooperative Department to objectively consider the name of the petitioner for sponsoring the same to the Selection Committee for consideration by the UPSC under the Non-SCS quota, in case record of the petitioner is found to be better than Rajendra Bhatt and in case the petitioner's record is found to be better than Rajendra Bhatt, the Selection Committee shall make its recommendations to the UPSC with regard to the petitioner also. The aforesaid exercise shall be completed within a period of one week. In case name of the petitioner is sent by the State Government for consideration, then the UPSC shall consider the name of the petitioner for promotion to IAS under Non-SCS quota. The writ petition is disposed of. (Prem Shanker Asopa) J. गोpa ल