IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH SB Civil Writ Petition No. 13386/2009 Deepak Nehra Vs. State of Rajasthan & ors. DATE OF ORDER : 29/10/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Dileep Sinsinwar, for petitioner. ***
Instant petition has been filed by the petitioner with a grievance that before the dispute in regard to the earlier advertisement dt. 07/07/2008 issued by the respondents for holding selections for the post of Lab Technician under Rajasthan Rural Medical and Health Subordinate Service Rules, 2008 is finally settled, it will not be justified on behalf of the respondents to issue a fresh advertisement Anx. 3 dt. 06/10/2009.
It is not in dispute that the petitioner submitted his application in pursuance to an advertisement dt. 07/07/2008 and participated in the selection process initiated for the post of Lab Technician. However, his candidature was rejected on the premise that he was not considered to be eligible which was challenged by him before this Court in CWP-11339/2008 and as informed to this Court, it has been finally disposed of with direction to make representation before the concerned competent authority for examining his qualification as also eligibility for the post in question. Counsel further informs this Court that the representation has been rejected which has been assailed in a contempt petition arose out of the order passed by this Court in CWP-11339/2008 referred to (supra). Counsel submits that till final adjudication of advertisement dt. 07/07/2008 is made, it will not be justified on the part of the respondents in issuing fresh advertisement dt. 06/10/2009 as those, who will be selected in pursuance thereto, may become senior to the petitioner.
In the opinion of this Court, the submission is devoid of merit for the reason that the dispute raised by the petitioner in regard to the earlier advertisement dt. 07/07/2008, in no manner, related to the present process initiated in pursuance to advertisement dt. 06/10/2009 of Lab Technician and, as such, the grievance, which the petitioner has raised in regard to present advertisement dt. 06/10/2009 is of no substance.
Consequently, the writ petition, being devoid of merit, is dismissed.
[AJAY RASTOGI], J.
Raghu-13386-CW-2009-final.doc