BAJRANG KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) ACCORDING to petitioner, in pursuance of the instruction contained in letter dated 14th Oct. 1997, the Superintendent of Police issued Notification dated 4th Nov. , 1997 inviting applications for recruitment and appointment of 36 Constable/drivers in Jalore District. In response to the above Notification, written examinations were conducted on 8th Dec. , 1997 and result was declared on 23. 2. 1998. The petitioner is said to be amongst those who were declared successful in the written examination. The petitioner alongwith other selected candidates were subjected to physical test on 9. 03. 1998 and the final result was declared on the same date, i. e. on 9. 03. 1998. ACCORDING to the petitioner the vacancies were as under:- General 18, SC-6,st-4, OBC-8 = Total 36

(3.) IN the same manner, the judgment of the Hon'ble Apex Court delivered in the case of A. P. Aggarwal's case has no application to the facts of this case. The Hon'ble Apex Court, after considering the judgment of Virendra S. Hooda (supra) considered the Central Government's office memorandum dated 14. 05. 1987, which was issued when difficulties felt in filling up the vacancies occasioned in a situations where the recommended candidate joined the post for a short period and then resigned or where the vacancy occurred on account of the death of the candidate. the memorandum dated 14. 05. 1987 is as under:- " The undersigned is directed to refer to this Department's O. M. No. 39021/18/84-Estt. (B) dated 6. 02. 1986, 13. 06. 1985 and 20. 11. 1985 (copies enclosed) and to say that according to the existing procedure, the reserve lists prepared with effect from 1. 01. 1985 were to be operated only to fill replacement vacancies. Earlier to this the reserve lists were being used both for replacement vacancies and fresh vacancies of identical nature. Some of the Ministries have reported difficulties in filling up of vacancies caused in a situation where the recommended candidate joined the post for a short period and then resigned or where the vacancy occurred on account of the death of the candidate. It was pointed out that the posts could not be kept vacant for a long time till the next recruitment took place. " To over come the difficulties referred above, the UPSC decided that reserve list may be operated in cases where a vacancy is created by a candidate resigning the post or in the event of his death, within a period of six months form the date of his joining the post and it was also not made applicable for all recruitment and it was made limited in respect to statutory post and those of scientific, technical, academic or medical nature where it may not be possible to keep the post vacant till the completion of fresh recruitment or to make local arrangements. Therefore, in the above case also, the arrangement was made for peculiar situation, which is not available here in this case as it is not the case of the petitioner that there is any decision for keeping the waiting list alive for recruitment to the post, which arises within six months from the date of select list or date of appointment of the list person from the selection of previous selection process wherein petitioner was not having sufficient high rank, but was placed in waiting list.