Divya Kajwadkar / v. State Of Rajasthan, Through Its Principal Secretary And Others /Petitioner.

1. This appeal seeks to challenge the order dated 4.1.2019 passed by the learned Single Judge, by which the application of the petitioner seeking vacation of the stay order dated 23.8.2016 has been dismissed and the appeal has been admitted to hearing. By the aforesaid interim order, the respondent-State was restraint from giving appointment to the appellant-writ petitioner in the writ petition filed by the respondent no. 3-Suniana Agarwal.

2. Case of the appellant is that she applied for appointment on the post of Group Instructor/Surveyor/Assistant Apprenticeship Advisor Gr.II in Widow quota. The Rajasthan Public Service Commission recommended her name for appointment way back in the year 2016 on her merit. The respondent no. 3, who was wait listed candidate, approached this Court challenging inclusion of appellant in the merit list on the ground that appellant produced false experience certificate. The learned Single Judge of this Court by order dated 15.5.2017 directed the Principal Secretary, Department of Technical Education, Government of Rajasthan, Jaipur to hold enquiry into the allegations with regard to genuineness of the experience certificate of the appellant. In the enquiry, the certificate of experience of the appellant has been found to be genuine and the Commission has therefore again cleared the appointment of the appellant. Even then the appointment of the appellant has not been processed owing to the aforesaid interim order. Neither the enquiry report, nor the fresh clearance by the Commission was under challenge in the writ petition. As it is, the appointment of the appellant has been delayed by almost three years and it may be further delayed as the hearing of the writ petition in due course may take number or years. The appellant would suffer enormously if the writ petition is not heard and decided at an early date.

3. Having regard to the limited nature of prayer and in the totality of facts and circumstances of the case and looking to the hardship of the appellant, but without going into the merits of the case, while disposing of this appeal, we request the learned Single Judge to take up and decide the main matter at the stage of orders on the next date or on any other early date in his discretion.

4. We direct that the writ petition be listed on 1 May, 2019.

5. The appeal is disposed of accordingly.