GOKUL CHAND SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been preferred by Gokul Chand Sharma with prayer that part of Rule 22 of the Rajasthan Prosecution Subordinate Service Rules, 1978, which prescribes six months from the date on which original list is forwarded by the Rajasthan Public Service Commission to the Appointing Authority as the life of reserve list, be declared arbitrary and ultra vires of the Constitution and the respondent RPSC be directed to forward the name of petitioner and respondent no.1 State be directed to appoint the petitioner on the post of Assistant Public Prosecutor Gr.II, pursuant to his selection held on the basis of advertisement dated 03.04.1997.

(2.) t the outset, Shri Ashok Gaur, learned senior counsel, does not press the first prayer clause where validity of rule 22 of the Rules of 1978 has been challenged and he confines his argument to the second prayer.

(3.) Learned senior counsel argued that the respondent RPSC conducted screening test for shortlisting of the candidates and called for interview only those, who could qualify the screening test. The petitioner too was called for interview after qualifying the screening test and he was found suitable. He was informed by the RPSC vide communication dated 05.09.1998 that he is found suitable and his name is placed at serial no.1 in the reserve list. Thus 72 candidates who were placed in the main select list were appointed by the Government vide orders dated 28.01.1999, 10.02.1999 and 10.05.1999. One Manoj Kumar Sharma, who was appointed vide order dated 10.05.1999 sought extension for joining and initially the Government allowed him extension but despite extended time for joining up to 31.08.1999, finally he did not turn up to join and his appointment has been cancelled by the Government. Thus out of 72 posts, one post was still lying vacant. The petitioner is not aware if certain other posts remained vacant due to non-joining of the candidates or if any candidate left out after joining despite appointment in any of three orders. Despite the extended time up to 31.08.1999, Manoj Kumar Sharma did not join. Petitioner submitted representation to the respondents on 07.09.1999 requesting that he being at serial no.1 in the reserve list, should be appointed on the post of APP Gr.II. Learned senior counsel submits that as per proviso to Rule 22 of the Rules of 1978, the RPSC may, on requisition, recommend the names of such candidatures in the order of merit to the Appointing Authority within six months from the date on which the original list was forwarded by the Commission to the Appointing Authority from the reserve list. The action of the respondents in not requisitioning the name from the reserve list for appointment on the vacant post, be declared illegal and mandamus be issued for granting appointment to the petitioner.