SHACHINDRA KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This intra court appeal has been filed by the appellant aggrieved by the order dtd. 11/5/2018 passed in Writ Petition No. 10573/2010 and order dtd. 1/11/2019 passed in Review Petition (Writ) No. 158/2018 by the learned Single Bench. By the aforesaid orders, appellant's prayer for appointment on the post of Jr. Engineer (Civil) (Diploma) was rejected.

(2.) Learned counsel for the appellant submitted that the RPSC issued a notification dtd. 8/10/2007 inviting applications for 85 vacant posts of Jr. Engineer (Civil) (Diploma). The selection process was to be held in conformity with the Rajasthan Rural Development and Panchayati Raj State and Subordinate Service Rules, 1998. On completion of selection process, a select panel was prepared. The appellant belongs to general category and he was placed at Serial No. 1 in the reserve list. Out of 85 advertised posts, 32 posts were required to be filled by general category candidates. Two candidates namely Rajkumar Rajoriya and Kumari Brijrani placed at serial No. 7 and 13 respectively were offered appointment however they did not join. Counsel further submitted that the appellant was placed at serial No. 1 in the reserve list, therefore, by operating the reserve list the offer of appointment should have been made to the petitioner.

(3.) Learned counsel for the respondents submitted that all 85 candidates recommended by RPSC were issued appointment orders. Therefore, no posts remained vacant. It was further submitted that the reserve list as per the Rules, 1998 can be operated up to six months from the date of original recommendations. The original recommendations were forwarded by the Commission to the department on 29/1/2010. So, the reserve list was in operation only till 28/7/2010. It was further submitted that no candidate lower in order of merit than the appellant was accorded appointment. The non-joining of selected candidates does not entitle the appellant to a right to seek appointment in pursuance of a select list which has lapsed.