MATHURA LAL Vs. STATE OF RAJASTHAN AND ANR

JUDGEMENT

(1.) The petitioner was a candidate at the Selection held by Rajasthan Public Service Commission (for short 'the RPSC hereinafter), for a post of Assistant Professor (Lecturer) in Anaesthesiqlogy. The Selection took place against advertisement No. 7/92 and 8/92. The number of posts for which Selections were to be made were ten. The Selection List was declared by the RPSC on September, 18, 1993, petitioner's name did hot find place in the Selection List. But according to the information given to by the RPSC on October 1, 1993, vide Annexure/2, the petitioner's name was at No. 2 in Reserve List. Appointments were given to ten persons in the Selection List by the Order dated October 19, 1993 on the basis of the main list of the Selection List of candidates forwarded by the RPSC to the Government on September 24, 1993. On February 11, 1994, the Government informed the RPSC that one post over and above the ten posts created in the year 1992 was already vacant and therefore, name from the Reserve List be sent for appointment. On March 25, 1993, another requisition was sent that four posts have become available and therefore, names of four persons be sent from the Reserve List for appointments on the post. The RPSC did not send Reserve List though both the requisitions were within the period of six months from the forwarding of the Selection List, as required by the Rajasthan Medical Service (Collegiate Branch), Rules, 1962 (for short 'the Rules' hereinafter). The stand taken by the RPSC was that vacancies coming into existence after issuance of advertisement and after filling the vacancies, cannot be taken into account for filling of the posts from Reserve List. The Government was accordingly informed on May 20, 1994. The petitioner therefore, filed this petition complaining that the RPSC was unreasonably withholding sending of the Reserve List. In reply, the RPSC stuck to its stand that the vacancies for which requisition of the Reserve List was made cannot even be filled in by the candidate from the Reserve List. The RPSC also took stand that Jaipur Bench of this Court in a writ petition filed by one Miss Vandana Manga has stayed the appointment on the posts from Reserve List on April 22, 1994. In that petition, the RPSC took the stand that vacancies would not be filled in from the Reserve List and accordingly the Reserve List was not being sent by the RPSC to the Government though the requisition had been received, On the RPSC taking this stand the petitioner in that case Miss Vandana Mangal got the petition disposed of as infruotuous by stating that the period of calling the Reserve List has expired on September 23, 1993. According to the RPSC, it cannot now act against the stand taken by it before the Jaipur Bench of this Court and no direction contrary to the stand taken by it before the Jaipur Bench could be given by this Court in this case.

(2.) The main question in this case is whether the RPSC has any power to withhold the Reserve List even when the requisition is received from the Government within time on the ground that the posts which the Government wanted to fill in were not available to be filled-in from the main or Reserve List concerned. On repeatedly being asked as to what is the scope of the role of the RPSC could claim in the matter and under what provision such a right to refuse to send the Reserve List was being exercised by the RPSC, the learned Counsel for the respondent relie on Rule 20 of the Rules and what according to him was a Judge-made law. Rule 20 of the Rules, reads as under:

(3.) It enjoins upon the RPSC to prepare the list of the suitable candidates for appointment to the posts concerned arranged in the Order of Merit and forward it to the Government. It is also provided that apart from the merit list, the list of candidates equivalent to 50% of the advertised vacancies shall be published as Reserve List. The names of such candidates in the Reserve List are to be recommended in order of merit to the Government, if requisitioned for the same is received within six months from the date on which the original list was forwarded to the Government. This Rule does not speak of any veto power given to the RPSC to sit in judgment over the propriety or legality of filling-in vacancies which were not available on the date of advertisement. If we go by the plain language of the Rule, the RPSC has to prepare the merit list and forward it to the Government. It has to prepare a Reserve List of candidates to the extent of 50% of advertised vacancies and if the requisition for names from the Reserve List is received from the Government within six months from the date on which the original list was forwarded by the RPSC to the Government, it has to recommend the names from the Reserve List in order of merit. Under the Rules, therefore the RPSC has no power to decide or sit in judgment over whether the vacancies were available for being filled-in or not. That is the job entrusted to the Government and the Government has to decide whether particular vacancy should be filled-in from the Reserve List or not. If the Government decision on this point is wrong or if some body is aggrieved by the decision, he has to challenge it in appropriate proceedings and it is not for the RPSC to take cudgles on behalf of any such person.