Legal Question in Employment Law in India

1. Advertisement of LDC post 14 Nos stating that �As per Rules Post will be reserved for ladies and ex servicemen�, was published during May 14 by Dr Sarvpalli Radhakrishnan Rajasthan Ayurvedic University Jodhpur through university website. Exam was conducted by university on 05 Feb 15, result declared on 04 Jul 15. Out of 463 candidates appeared for the exam only 41 candidates declared passed and selected for interview. My name was listed at Ser 29 of merit list. That, on dated 09.07.2015, I have got suspicious about my selection for the post as an ex servicemen as all process is going on to adjust only contractual employees working with university. When I have introduced myself as an ex servicemen during the interview, I was told that there is no reservation for the said post as an ex servicemen.

Therefore, on same day I made a representation through e-mail to the Registrar, DSRRA University, Jodhpur regarding horizontal reservation as an ex-serviceman, in which he duly described the statutory position of the Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules 1988 and to consideration of my name stands at Ser 29 of merit list for the post of LDC as no other ex servicemen qualified exam. I have deposited copies of relevant documents of ex servicemen status and experience certificate during docu verification on 09 Jul 2015. That the next day itself on dated 10.07.2015, the Respondent University issued an office order bearing No. ?.12()??????/??.?.??./15-16/3893, in which a list of 14 candidates were published and they were given appointment on the post of LDC. I was stunned to see that my name was nowhere in the list, despite having eligibility for the reservation under the Ex-Servicemen Category and having a place in the merit list of the type/proficiency. Also the final result was not published anywhere, neither in any newspaper nor on the University�s website. Moreover no category or position of reservation as per rules has been shown in that list. I have knocked the door of Rajasthan High Court Jodhpur and Filed Civil Writ 7579 of 2015 on 22 Jul 2015.

2. Three Civil writ, CW 7322/2015, 7579/2015 and 11925/2015 against LDC appointment (2015) of Dr SR Ayurvedic Rajasthan University Jodhpur link as on 05/11/2015. In my case even university not given reply on notice given by high court after lapse of more than 10 months. However, WP No 11925/2015 filed/heard on 26 Oct 2015 as per status available online on HC Jodhpur portal, University agreed to give appoint to the candidates of WP No 11925/2015 and 7322/2015 de-linking my WP No 7579/2015 shocking for me. I am also a petitioner in the same case. APPLW 2568/2016 registered on 05 May 2016, reply filled by respondent on 04 July 16 stating that application mentioned his category OBC instead of ex servicemen and Rejoinder by petitioner on 05 Aug 2016 that there was nowhere any column to be mention or apply under the category of the Ex. Servicemen in the format of the submission of online application prescribed by the university, yet I had mentioned that he served as Central Government employee and uploaded experience certificate issued by Indian Army clarifying ex servicemen status. Since there was no column for the Ex-Servicemen, I could not mentioned category of the Ex.-Servicemen but clarified my status before interview as well as before preparation of final merit list in writing. Last date of hearing was 04 July 2016. Case de-listed on 15 July 2016 as well as 21 Oct 2016. Next date of hearing fixed on 21 Oct 2016. Huge gape between two hearing more six months is also shocking for me. As on date I am 48 years old. Only 12 years left to serve as government employee. How many years I have to wait for Justice and chance to win case.

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