RATAN LAL MEGHWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE writ petition has been filed by the petitioner on 26.09.2014 with the following prayers: -

(2.) THE petitioner participated in an open selection for the post of Accountant, Junior Accountant, and Tehsil Revenue Accountant. All the three posts were advertised by the respondent Rajasthan Public Service Commission ('RPSC') vide Annexure -1 dated 09.09.2008. The petitioner's name found place in the merit list declared by the respondent RPSC at Sl. No. 30 (merit number 42) and he was required to produce the documents for verification on or before 17.01.2012 vide Annexure -4. The petitioner was thus appointed as Junior Accountant in the said selection process. Thereafter, the petitioner came to know that on the higher post of Accountant also, certain vacancies still were available namely, against the reserved category of Scheduled Caste, to which the present petitioner belongs, out of 39 posts, 4 posts were still lying vacant and, therefore, the petitioner approached the respondent authorities for filling up 4 vacant posts of Accountant in the category of Scheduled Caste and in this regard, the petitioner has made a representation Annexure -6 dated 30.09.2013 sent by speed post to the Secretary of the respondent RPSC. According to the petitioner, as per the merit list of the selection process, the petitioner could be offered appointment on the post of Accountant since 4 posts were still lying vacant in the said cadre for the candidates belonging to Scheduled Caste. It appears that the petitioner did not receive any response from the Secretary of the respondent RPSC on the said representation (Annex. 6) and, therefore, the petitioner served a legal notice for demand of justice through his counsel after about one year vide Annexure -8 dated 02.08.2014 for the same purpose, but without awaiting the response to the said legal notice, the petitioner has filed the present writ petition on 26.09.2014.

(3.) HAVING heard the learned counsel for the petitioner Mr. J.K. Suthar and having perused the record of the case, this Court is of the opinion that no such mandamus direction can be given to the respondents for offering the appointment to the petitioner on the higher post of Accountant at this stage. The respondent RPSC is only an agency which holds the selection process, prepares the merit list and sends the same to the concerned Department/s of the State Government which issues the appointment orders according to their own need and requirements. In view of the merit list Annexure -4 prepared common for all the three posts of Accountant, Junior Accountant and Tehsil Revenue Accountant, filed by the petitioner himself, admittedly, the petitioner was appointed as Junior Accountant in the year 2012 itself. With the appointment, the process of selection ended qua the petitioner. Later on, on account of certain vacancies still left in the cadre of Accountant belonging to Schedule Caste category to which the present petitioner belongs, the petitioner's appointment can neither be upgraded nor the respondents can be mandated to offer the appointment to the petitioner in the higher cadre of Accountant. Had the petitioner not accepted the appointment as a Junior Accountant, he could have been considered for appointment as Accountant also, but once the said selection process was over, it cannot be reopened now.