LAWS(RAJ)-2009-1-141

SURESH KUMAR ROYAL Vs. RPSC

Decided On January 17, 2009
SURESH KUMAR ROYAL Appellant
V/S
R.P.S.C. Respondents

JUDGEMENT

(1.) NO one appeared on behalf of petitioner on 16th January, 2008. As such, matter was adjourned for today and still counsel is not present to assist this court.

(2.) INSTANT petition has been filed as alleged in the petition with the grievance that petitioner was selected and placed in the reserved list at no. 9 for the post of APP Gr. II and once requisition was sent by the State Government to the Commission, he was entitled to be considered for appointment on the basis of his selection made by RPSC.

(3.) RESPONDENTS have filed reply to the writ petition wherein it has been averred that against 30 vacancies advertised dt. 22/3/05, candidates were selected and after appointment they have joined service, as such, reserved list cannot be made operative to fill additional vacancies which has not been advertised by the Commission. As such, petitioner has no right to seek appointment on the basis of his name being placed in the reserved list and counsel places reliance on recent judgment of Division Bench of this court in D. B. Civil Special Appeal [writ] No. 1052/07, dr. Kalpana Kumari Meeena Vs. State and Ors. , decided on 30th January, 2008 in which it has been held that additional/unadvertised vacancies cannot be filled from the reserved list and it can be operated upon only to meet out advertised unfilled vacancies as referred to under the scheme of Rules.