[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
The Secretary vs Suresh Kumar Jangir on 27 January, 2026
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
D.B. Special Appeal Writ No. 524/2025
The Secretary, Rajasthan Public Service Commission, Ajmer
through its Secretary.
----Appellant
Versus
1. Suresh Kumar Jangir son of Shri Bheru Ram, aged about 35
years, resident of Sujangarh Road, Post Nokha, District
Bikaner, Rajasthan.
2. State of Rajasthan through the Secretary, Department of
Higher Education, Government of Rajasthan, Secretariat,
Jaipur, Rajasthan.
3. The Commissioner, College Education, Jaipur, Rajasthan.
----Respondents
For Appellant(s) : Mr. G.R. Punia, Sr. Adv. Assisted by
Mr. Sanjay Rewar
For Respondent(s) : Mr. S.S. Ladrecha, AAG assisted by
Mr. Ravindar Jala, AAAG &
Mr. Deepak Suthar
Mr. Himanshu Bumb
Mr. Bhavyadeep Singh for
Mr. Vinay Kothari
HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order
27/01/2026
1. This is an appeal preferred by the Rajasthan Public Service
Commission (for short, "the RPSC" assailing the judgment dated
16.05.2024 passed by the learned Single Judge, whereby the writ
petition was allowed and the respondents were directed to invite
the petitioner for further process, granting him the benefit of his
position at serial No.2 in the waiting list.
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2. The relevant paragraphs of the judgment passed by the
learned Single Judge are reproduced hereinbelow:-
"14. For the aforesaid reasons, the writ petition is allowed.
The respondents are directed to invite the petitioner for
further process of giving him the benefit of his being on the
merit list at Sr. No.2 in the waiting list and issue him
appointment letter, subject of course to the availability of the
vacancy on the post in question as on today alongwith all
notional benefits at par with his counterparts with whom he
competed but no financial benefits on the principle of 'no
work no pay'.
15. It is made clear that owing to the vagaries of the
litigation, it may have so happened that the said post would
have been factored in a subsequent advertisement and filled
up, in such an eventuality the respondents are directed to
consider the candidature of the petitioner on the next post
falling vacant in future as and when that happens.
16. In the peculiar premise, in case, the petitioner is
appointed against a future post, he shall be entitled to all
benefits from the date of his appointment and shall not be
entitled to any past financial or notional benefits."
3. The learned counsel appearing for the RPSC submits that the
RPSC would not be in a position to send the waiting list unless the
same is requisitioned by the State in terms of Proviso (2) to Rule
20 of the Rules of Rajasthan Education Service Rules (Collegiate
Brach), 1986 (for short, "the Rules of 1986").
4. We note that there is no appeal before us challenging the
judgment dated 16.05.2024 filed by the State. As regards the
RPSC being aggrieved by the said order, we find that there is no
direction issued as against the RPSC except to the extent of
requiring it to act in terms of Rule 20 of the Rules of 1986. Any
grievance, if at all, could have been raised by the State alone, as
the RPSC is merely an examining body in terms of Article 320 of
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the Constitution of India and is not concerned with examining the
issue of availability of vacancies on the date when the waiting list
is to be operated, nor with appointments against future vacancies,
the same being within the exclusive domain of the State.
5. In view thereof, the present appeal is dismissed. Compliance
with the order shall be made by the State, and it shall submit a
requisition to the RPSC, which shall thereafter forward the name
of the petitioner.
6. After the order was passed, the learned counsel appearing
for the State submitted that an appeal had also filed by the State;
however, the same remains unregistered till date. We notice that
the order was passed in May, 2024, and more than one and a half
years have elapsed. In view thereof, we direct immediate
compliance with the order dated 16.05.2024 by the State as well
by the RPSC.
(BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACJ
38-KshamaD/-
(Uploaded on 28/01/2026 at 05:03:25 PM)
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