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1992 Supreme(Raj) 683

N.L.TIBREWAL, V.K.SINGHAL
Padam Chand Soni : S. S. Bohra – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - The only argument submitted by Mr. Gaur, learned counsel for the appellants is that once a reserve list is prepared for the purpose of considering the appointment of the candidate for a post by the Public Service Commission, that person acquires a legal right, in case a vacancy existed for appointment on that post.

2. The petitioners-appellants have applied for selection to the Rajasthan Judicial Service in the year 1980 in respect of 39 vacancies published. In the main list of 39 candidates, one Shri Prem Kumar has not joined the service and a reserve list of 20 candidates was prepared in which Shri S.S. Bohra was at serial No. 1 and Shri Padam Chand Soni was at Serial No. 14. Learned Single Judge in the judgment dated 30.9.1983 has held that no legal right accrues by sending the reserve list, relying upon the judgment of the Supreme Court in State of Haryana v. Subhas Chandra Marwah, AIR 1977 S.C. 2216 , wherein it was held that the existence of the vacancies does not give rise to a legal right to the candidate for appointment. It was further held that the decision of the Government not to fill up the vacancy out of the candidates selected is not an infringement of





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