RAJENDRA KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the present batch of writ petitions, the scope of the controversy involved pertains to the inaction on part of the respondents in not operating the waiting list for the examination of School Lecturer-2018. Therefore, considering the fact that the writ petitions warrant adjudication on common questions of law, with the consent of learned counsel appearing on behalf of all the parties, S.B. Civil Writ Petition No. 17297/2022 titled as Santosh Charan vs State of Rajasthan, is being taken up as the lead case. It is cautiously clarified that any discrepancies in the present batch of writ petitions, pertain purely to the factual narratives contained therein and not viz-a-viz the question(s) of law to be determined by this Court.

(2.) At the outset, it is submitted by learned counsel for the petitioners that the petitioners herein are those candidates, who are placed next in order of merit, after the selected candidates for the examination of School Lecturer-2018. However, on account of the pendency of S.B. CWP No. 4777/2021 titled as Surjan Lal Dhawan vs. State of Rajasthan, wherein a challenge was raised qua the correctness and/or validity of the impugned revised answer keys for various subjects, an interim order was passed by this Court to not operate the waiting list for the subjects concerned. Being aggrieved of the inaction on part of the respondent-RPSC, the petitioners have preferred the instant batch of writ petitions.

(3.) Learned counsel for the petitioners, Mr. Tanveer Ahamad, has submitted that it is a settled position of law that selection qua the advertised posts, is only amongst the available and eligible candidates. It is only when on account of unforeseen circumstances such as that of inadequate document verification resulting in establishment of the fact that a candidates inclusion in the select list was not proper, the candidates who are next in order of merit, are required to be offered appointment. Similarly, even under circumstances where the candidates who are otherwise eligible but did not present themselves for joining, the appointment of such candidates was liable to be cancelled and those candidates who were next in the order of merit, were required to be offered appointment.