DR. NARENDRA KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the judgment of learned Single Judge dated 11.2.1999, dismissing the petitioner's writ petition.

(2.) The petitioner has filed the present writ petition, way back on 31.3.1998, seeking to pray a direction against the respondent No. 2 Rajasthan Public Service Commission (hereinafter referred to as the Commission) to forward the name of petitioner to State Government, for appointment on the post of Assistant Professor in Radio Therapy, in pursuance of the requisition sent by the State Government on 17.3.1998, the other direction claimed is in furtherance of the above, viz. to direct the State Government to accord appointment to the petitioner on the post of Assistant Professor in Radio Therapy, on and from the date of filing of present writ petition with all consequential benefits, and it has also been prayed that the letter of refusal on 25.3.1998, issued by the Commission be ordered to be placed on record, and be declared illegal, and be quashed. The other relief claimed is for direction to the Commission to prepare fresh selection list of two candidates, and include the name of petitioner therein, and the State Government be directed to give appointment to the petitioner on the post of Assistant Professor in Radio Therapy, on and from the date of filing of the present writ petition with all consequential benefits.

(3.) The facts as arising in the writ petition are, that the petitioner is already in service as Medical Officer, having been duly selected by the Commission: while in service, the Commission issued advertisement on 1.7.1997, inviting applications for various posts of Assistant Professors, which included one post of Assistant Professor in Radio Therapy. The advertisement has been produced as Annexure-1. The petitioner applied for selection, only three candidates appeared in the interview, and after selection the Commission prepared the select list of one candidate, and reserve list of one candidate. The petitioner figured in the reserve list. Intimation whereof was given to the petitioner vide Annexure-3. The select list was forwarded by the Commission to the State Government on 3.10.1997. It is then alleged that as a matter of fact two vacancies were due to be available in the year 1997-98, because other vacancy was to become available on promotion to be made on the post of Associate Professor, and that such vacancy, in fact, did become available, on promotion of Dr. Ajay Sharma. This promotion was made against the vacancy of the year 1997-98 and therefore, this vacancy was to be filled up by Commission, as the vacancies are required to be determined under Rule 8A of the Rajasthan Medical Service (Collegiate Branch) Rules, 1962, hereafter referred to as the Rules of 1962, as on 1st April of every year. It is alleged, that the person select in the main list has already been given appointment, and the other post became available consequent upon promotion of Dr. Ajay Sharma in February, 1998, therefore the requisition was sent by the State to the Commission on 17.3.1998 to send the name of the persons placed in the reserve list. i.e. the name of the petitioner, for making appointment. It is alleged that notwithstanding the receipt, of requisition, the Commission did not forward the name and later sent refusal to the State vide communication dated 25.3.1998. It is alleged that the Commission has not forwarded the name, on the ground, that vacancy on which the State wants the name of the petitioner, for giving appointment has not arisen on account of failure of the selected candidate to join, and therefore, the name of the candidate placed in the reserve list cannot be forwarded. Reference has been made by the Commission to Rule 20 of the Rules of 1962, which provides for recommendation of the Commission preparation of select list, and the reserve list, and relying upon this provision it is contended that in the matter of forwarding the name of the candidate placed in reserve list to the State Government, on requisition sent by the State Government, within six months from the date on which the original list is forwarded by the Commission to the Government, it is not within the domain of the Commission, as to on which vacancy the State Government proposes to give appointment, and therefore, the Commission has exceeded its jurisdiction in refusing to forward the name. Then, the petitioner has also assailed the correctness of the determination of the vacancy to be forwarded to the Commission for appointment, as according to him two vacancies should have been sent. It is also alleged that since vacancy has arisen during currency of the reserve list, the petitioner is entitled to get appointment on that post, and it is not within the domain of the Commission to withhold the name of the petitioner from being sent to the State Government on being requisitioned.