DALIP KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WE heard this group of special appeals comprising of eight matters together as it involves identical controversy and all these matters are being disposed of by this common order.

(2.) THE appellants are unsuccessful petitioners. THEy filed few writ petitions before this Court principally praying for direction to the respondents to consider their candidature against 102 vacant posts of Teacher Grade-III in accordance with their merit with all benefits with effect from 17. 1. 2002 and for declaring the order dated 13. 12. 2001 issued by the State Government illegal and unconstitutional.

(3.) HAVING reflected over the matter thoughtfully, we deem it proper to refer the case of Jagdish Chopra first. The Supreme Court in Jagdish Chopra considered Rule 9 (3) of the Rajasthan Educational Subordinate Service Rules, 1971 (for short,`the Rules') and it was held that although Rule 9 (3) does not specifically provide for the period for which the merit list will remain valid but the intent of the legislature was absolutely clear as vacancies have to be determined only once in a year. Vacancies which arose in the subsequent years could be filled up from the select list prepared in the previous year and not in other manner. Even otherwise in absence of any Rule, ordinary period of validity of select list should be one year. This is what the Supreme Court observed in para 9 of the report: &nbsp&nbsp&nbsp&nbsp&nbsp" Recruitment for teachers in the State of Rajasthan is admittedly governed by the statutory rules. All recruitments, therefore, are required to be made in terms thereof. Although Rule 9 (3) of the Rules does not specifically provide for the period for which the merit list shall remain valid but the intent of the legislature is absolutely clear as vacancies have to be determined only once in a year. Vacancies which arose in the subsequent years could be filled up from the select list prepared in the previous year and not in other manner. Even otherwise, in absence of any rule, ordinary period of validity of select list would be one year. In State of Bihar & Ors. vs. Amrendra Kumar Mishra (2006 (9) Scale 549), this Court opined: "in the aforementioned situation, in our opinion, he did not have any legal right to be appointed. Life of a panel, it is well known, remains valid for a year. Once it lapses, unless an appropriate order is issued by the State, no appointment can be made out of the said panel. " It was further held: &nbsp&nbsp&nbsp&nbsp&nbsp" The decision noticed hereinbefore are authorities for the proposition that even the wait list must be acted upon having regard to the terms of the advertisement and in any event cannot remain operative beyond the prescribed period. "