SUPREME COURT OF INDIA
DIPANKAR DATTA, AUGUSTINE GEORGE MASIH, JJ.
Rajasthan Public Service Commission, Ajmer – Appellant
Versus
Yati Jain & Ors. – Respondents
Civil Appeal No. 273 of 2026 [Arising out of SLP (Civil) No. 20366 of 2024]
With
Rajasthan Public Service Commission, Ajmer – Appellant
Versus
Aakriti Saxena & Ors. – Respondents
Civil Appeal No. 274 of 2026 [Arising out of SLP (Civil) No. 20367 of 2024]
With
Rajasthan Public Service Commission, Ajmer – Appellant
Versus
Vivek Kumar Meena & Anr. – Respondents
Civil Appeal No. 275 of 2026 [Arising out of SLP (Civil) No. 22025 of 2024]
Decided On : 15-01-2026
Certainly. Based on the provided legal document, the key points are as follows:
The appeal concerns the validity and operation of waiting and reserve lists in public recruitment processes, specifically in the context of appointments to various government posts (!) (!) .
A waiting list is a list of eligible candidates who are not immediately appointed but are considered for future vacancies arising from the same recruitment cycle. Such lists are typically linked to the original selection process and have a limited validity period, often governed by specific rules (!) (!) .
The right of a candidate in a waiting or reserve list to appointment is limited. Generally, they do not have an indefeasible right, and their claim depends on the rules governing the operation and validity period of such lists. Appointment rights accrue only when vacancies arise after the exhaustion or expiration of the original merit list, and the list is still valid (!) (!) .
The operation of the reserve list is strictly time-bound, usually within six months from the date the original list is forwarded or recommendations are made, unless extended by specific rules or circumstances. Administrative delays or administrative actions beyond this period typically do not create enforceable rights for candidates in the reserve list (!) (!) .
The appointment process is fundamentally recommendatory, with the final authority resting with the appointing government or authority, which must act in accordance with statutory rules and the merit list. The Public Service Commission's role is to recommend, not to appoint, and it has no independent right to demand appointment outside the recommendation process (!) (!) .
Candidates who are not recommended or whose appointment has been canceled due to non-joining or administrative reasons generally do not have a legal right to claim appointment, especially if the reservation or waiting list has expired or the rules have been followed correctly (!) (!) .
The courts emphasize that appointment and recruitment are subject to statutory rules, and arbitrary or discriminatory administrative actions cannot be justified. The courts will not compel the appointment of candidates from the waiting list if such action contravenes the rules or the legal framework governing recruitment (!) (!) .
The legal standing or locus standi of a party to challenge or appeal depends on whether they are directly affected or have a legal right that is being infringed. An entity like a Public Service Commission can be considered aggrieved if its statutory functions or recommendations are improperly disregarded or challenged (!) (!) .
The courts hold that legal rights linked to the operation of waiting or reserve lists are limited, and candidates cannot claim a right to appointment beyond the scope of the rules. Appointment rights are not automatic but contingent upon compliance with statutory procedures and the validity of the list at the relevant time (!) (!) .
Overall, the judiciary advocates for a strict interpretation of recruitment rules to prevent perpetuation of stale lists, arbitrary delays, or illegal appointments, emphasizing that appointment rights are subject to statutory timelines and procedural correctness. The courts discourage ongoing or indefinite claims based on expired or invalid lists, reinforcing the importance of timely and rule-based recruitment processes (!) (!) .
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| Table of Content |
|---|
| 1. handling of multiple appeals (Para 2 , 3 , 4) |
| 2. details of yati jain's recruitment process (Para 5 , 6 , 8 , 10 , 11 , 14) |
| 3. details of aakriti saxena's recruitment situation (Para 16 , 17 , 18 , 22) |
| 4. details of vivek kumar meena's recruitment attempts (Para 24 , 25 , 30) |
| 5. grounds for judgments allowing writ petitions (Para 35 , 38) |
| 6. arguments from writ petitioners (Para 41 , 42 , 43) |
| 7. the nature and validity of waiting lists (Para 45 , 80 , 82) |
| 8. final conclusions regarding writ petitions (Para 112 , 121) |
JUDGMENT :
DIPANKAR DATTA, J.
| INDEX |
| The Appeals |
| Brief Facts of Civil Appeal arising out of SLP (C) No. 20366/2024 |
| Brief Facts of Civil Appeal arising out of SLP (C) No. 20367/2024 |
| Brief Facts of Civil Appeal arising out of SLP (C) No. 22025/2024 |
| What weighed with the single judges to allow the writ petitions? |
| Impugned Judgment in all three Civil Appeals: |
| Submissions on behalf of the appellant |
| Submissions on behalf of the writ petitioners |
| Issues: |
| Analysis |
| Issue A - Maintainability of the Special (Writ) Appeals: |
| Issues B, C and D - on Merits of the rival claims: |
| A Waiting List |
| Decision on the claims of the writ petitioners |
| Why the ratio of the relied upon decisions do not apply |
| Conclusion |
| Epilogue |
1. Leave granted.
THE APPEALS
2. The three appeals under consideration, presented by the common appellant1 [Rajasthan Public Service Commission] arise out of separate but similar judgments rendered by a Division Bench of the High Court for Judicature for Rajasthan at Jaipur2 [High Court] hence we propose to decide the same by this common judgment and order.
3. The lead appeal, arising out of SLP (C) No. 20366/2024, questions the judgment and order dated 2nd May, 2024 whereby the appellant’s writ appeal3 [D.B. Special Appeal Writ No. 34/2024] was dismissed and the order of a Single Judge dated 23rd August, 2023 allowing the writ petition4 [S.B. Civil Writ Petition No. 8926/2022] of the respondent (Yati Jain) was affirmed.
4. The other two appeals, arising out of SLP (C) No. 20367/2024 and SLP (C) No. 22025/2024, also take exception to the judgments and orders dated 2nd May, 2024 of the Division Bench of the High Court which dismissed the appellant’s writ appeals5 [D.B. Special Appeal Writ No. 889/2023 and D.B. Special Appeal Writ No. 52/2024] carried from the judgments and orders dated 2nd May, 2023 and dated 20th October, 2023 allowing the writ petitions6 [S.B. Civil Writ Petition No. 5652/2022 and S.B. Civil Writ Petition No. 14675/2016] of the respondent (Aakriti Saxena) and the respondent (Vivek Kumar Meena), respectively, and thereby upheld the same.
BRIEF FACTS OF CIVIL APPEAL ARISING OUT OF SLP (C) NO. 20366/2024
5. The dispute stems from an advertisement dated 19th September, 2019 issued by the appellant for recruitment of Junior Legal Officer (JLO) on one hundred fifty-six (156) posts.
6. The result of selection was declared on 15th April, 2021. A provisional reserve list of even date was also prepared by the appellant.
7. Between 7th June 2021 and 10th August 2021, the appellant recommended one hundred fifty-two (152) successful candidates to the Department of Law and Legal Affairs of the State of Rajasthan7 [Appointing Authority] for issuance of offers of appointment.
8. On 27th January, 2022, the Appointing Authority informed the appellant that six (6) out of the one hundred fifty-two (152) candidates, who were recommended, had not joined. A request was made to recommend more names from the reserve list to fill up the vacancies.
9. Between 19th April 2022 and 22nd April, 2022, the appellant recommended the names of six (6) candidates from the reserve list, which included 4 candidates with ranks from R-1 to R-4, 1 candidate from General Category-EWS (R-23) and 1 candidate from General Category – PWD (Blind) (R-69). Yati Jain, who figured as R-5, did not figure in the list of recommended candida
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Candidates in a reserve list do not possess indefeasible rights to appointments, which are contingent on statutory timelines and the proper operation of recruitment rules.
Waiting lists do not confer vested rights for appointment, and recruitment processes can lapse with new selections, as confirmed by the court.
The petitioner's claim for appointment on the post of JLO from the reserved waiting list was found to be valid as he approached the Court before the expiry of the wait list, and the Court allowed the....
The waiting list candidates have the right to claim appointment if the candidates from the main list do not join, and the State must provide justifiable, non-arbitrary reasons for not filling up the ....
(1) Appointments cannot be made over and above clear and anticipated vacancies which have been advertised even though Public Service Commission may have prepared a longer merit list than it was requi....
Sub-clause (vi) of Rule 277A of Rules of 1996 read as Authorized Agency shall prepare category wise select list of candidates declared successful on basis of criteria of selection laid down.
Point of law: Recruitment - duty of the Public Service Commission is to make available to the Government a complete list of qualified candidates arranged in order of merit. Thereafter the Government ....
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