RAKESH MANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner by this writ petition has prayed that non-petitioners may be directed to continue the reserve list from the date when appointment letters were issued to the candidates in the first list and appoint him out of reserved list.

(2.) THE brief facts giving rise to this writ petition are that the petitioner is a Medical Graduate and he passed his M. B. B. S. in the year 1987 and completed Internship in December, 1988. Five posts of Senior Demonstrator Anatomy in Medical Colleges were advertised by the Rajasthan Public Service Commission vide Advertisement No. 4 of 1988-89. THE petitioner in pursuance of the aforesaid advertisement applied for the post. THE Rajasthan Public Service Commission held written examination i. e. screening test for the purposes of recommending the candidatures of the candidates for appointment to the posts. THE petitioner successfully completed the screening test and he was called for interview. THE Rajasthan Public Service Commission prepared two lists, one, a list of five candidates for regular appointment and the second, a reserve list contained three names and in that reserve list the name of the petitioner appeared at item No. 2. In the main list the Rajasthan Public Service Commission recommended the names of five candidates and in the reserve list 3 names were included. It is alleged that the Government could not appoint the persons so recommended by the Rajasthan Public Service Commission. THErefore, the reserve list could not be operated and it was likely to expire in terms of proviso to Rule 20 which says that if the reserve list is not implemented within six months from the date on which the original list is forwarded by the Commission to the Government and it shall expire. On account of the Government non-appointing the candidates out of the original list within time, the reserve list expired and hence the petitioner approached this Court by filing the present writ petition. THE petitioner further submits that out of the five persons recommended by the Rajasthan Public Service Commission vide the original list, two persons, namely, Dr. Raghvendra Singh have already joined the P. G. Course in Medicine at the Medical College at Ajmer and another candidate Dr. Miss Preetam Kothari has also joined the P. G. Course in Gynaecology at the Medical College, Ajmer. THErefore, these two candidates did not avail the selections. It is submitted that in any case if the appointment has been given within a reasonable time, then the petitioner could have been appointed as he was at S. No. 2 in the reserve list. THE grievance of the petitioner is that on account of non- action of the Government the reserve list is being sought to be defeated.

(3.) THE writ petition is allowed as indicated above. .