Rajasthan High Court
The Rajasthan Public Service ... vs Yati Jain Daughter Of Yash Kumar Jain ... on 2 May, 2024
Bench: Pankaj Bhandari, Shubha Mehta
[2024:RJ-JP:20849-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 34/2024
The Rajasthan Public Service Commission, Ajmer Through Its
Secretary, Ajmer.
----Appellant
Versus
1. Yati Jain Daughter Of Yash Kumar Jain, Aged About 27
Years, Resident Of 765, Maniharon Ka Rasta, Kishanpole
Bazar, Jaipur, Rajasthan.
2. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Law And Legal Affairs, Government Of
Rajasthan, Secretariat, Jaipur.
3. The Joint Secretary (Law), Department Of Law And Legal
Affairs, Government Of Rajasthan, Secretariat, Jaipur.
----Respondents
For Appellant(s) : Mr. Mirza Faisal Baig, Adv.
Mr. Nitin Jain, Adv.
For State : Mr. Bharat Vyas, (Sr. Adv.) AAG with
Mr. Kapil Vyas, Ms. Pratyushi Mehta
For Respondent No.1 : Mr. Tanveer Ahamad, Adv.with
Mr. Manish Parihar, Av., Mr. Aditya
Sharma, Mr. Ashutosh Chauhan
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MRS. JUSTICE SHUBHA MEHTA
Judgment
02/05/2024
1. Appellant has preferred this appeal aggrieved by Order
dated 23.08.2023, whereby writ petition filed by the respondent
No.1 was allowed and the State was directed to pick-up name of
respondent No.1 from the reserve list and to consider her
candidature for appointment to the post of JLO against the vacant
post available to the department due to the non-joining of
candidate- Vikas Kumar from the main list.
[2024:RJ-JP:20849-DB] (2 of 3) [SAW-34/2024]
2. It is contended by counsel for the appellant- RPSC that
the reserve list operates only for a period of six months and
beyond that if there is no requisition by the State within a period
of six months, the reserve list lapses.
3. Counsel for the respondent contends that the RPSC has
no locus standi to file the present appeal as it is only a selection
body and the employer is the State and State has not filed any
appeal against the order passed by the learned Single Judge. It is
also contended that the Division Bench of this Court in D.B. Civil
Special Appeal (Writ) No.81/2020 [State of Rajasthan & Ors.
Vs. Dr. Shri Krishan Joshi & Ors.] and other connected special
appeals has clearly held that waiting list would commence to
operate when the candidates placed in the main merit list were
offered appointment and they did not join. It is contended that in
the present case, two persons, namely- Subham Bharadwaj and
Vikas Kumar, from the merit list were offered appointment vide
letter dated 31.12.2021 and they were required to join within 15
days from the date of appointment order, however, Vikas Kumar
did not join and his candidature was finally cancelled vide order
dated 14.07.2022. In the meantime, the respondent No.1 applied
to the State Authorities for giving appointment against the post
which had remain unfilled due to non-joining, however, no action
was taken on the part of the State. Therefore, the writ petition
was filed on 06.06.2022 i.e. before the candidature of person from
the merit list was cancelled.
4. Counsel for the respondent has also produced an order
of the Division Bench in D.B. Special Appeal (Writ)
No.554/2017 decided on 20.11.2017, where RPSC had preferred
[2024:RJ-JP:20849-DB] (3 of 3) [SAW-34/2024]
an appeal, the Division Bench held that RPSC is only a selection
body, the employer is the State and RPSC can only support the
stand of the State.
5. We have considered the contentions.
6. In the present case in hand, the learned Single Judge
had clearly dealt with the dates of non-joining of the selected
candidates and has come to the conclusion that the appellant had
applied to the Court within a period of six months from the date of
non-joining of the candidate from the main select list. State has
not preferred any appeal against the order and there is no
direction to the appellant in the impugned order. Hence, we do not
find any force in the present appeal filed by the RPSC and the
same is accordingly, dismissed.
(SHUBHA MEHTA),J (PANKAJ BHANDARI),J
CHANDAN /988
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