The purpose of a waiting list is to fill up vacancies advertised in the event of non-joining of selected candidates from the main list. The currency of the waiting list starts from the date of issuance of appointment letters to the selected candidates and expires after six months.

1. - Heard learned counsel for the parties.

2. Instant writ petition has been filed by the petitioner seeking following reliefs:-

"It is therefore, most respectfully and humbly prayed that during the pendency of the writ petition, unfilled one vacant post of Senior Demonstrator in forensic medicine in pursuance of the advertisement no. 4/98-99 dated 16.02.1999 (Annex. 3) and select list dt 02.06.2000 (Annex.4) may kindly be kept vacant to protect the right of the petitioner."

3. As per facts of the case, petitioner being eligible for appointment on the post of Sr. Demonstrator in Forensic Medicine applied in pursuance of advertisement dated 16.02.1999 issued by respondent Rajasthan Public Service Commission (for short 'RPSC' hereinafter) whereby eight posts of Sr. Demonstrator in the subject of Forensic Medicine were advertised.

4. In the advertisement No. 4/98-99 issued on 16.02.1999, reservation was also provided as per rules for recruitment on the post in question, more specifically one post was kept reserved for Scheduled Caste candidate and one for Scheduled Tribe candidate and two posts were kept reserved for backward class candidates and remaining four posts were advertised for General category candidates. Petitioner being eligible candidate was called for interview by the Rajasthan Public Service Commission and after facing interview, the Commissioner published list of selected candidates in order of merit and names were recommended to the Government as per merit vide letter dated 02.06.2000 which is placed on record as Annex.4. The name of petitioner was included in the reserve list at Serial No. 2 in the General category candidate. It is stated in the writ petition that one selected candidate Dr. Mahesh Khadgawat whose name was at Serial No. 3 in the main list passed away and one another candidate Dr. Neelam Agarwal whose name was at Serial No. 5 of the main list did not join on the post of Sr. Demonstrator in Forensic medicine, therefore, two posts remained unfilled from select list recommended for appointment by the Commission to the Government.

5. The State Government sent a requisition to the respondent Commissioner for sending names from the waiting list, therefore, name of Dr. Rahul Jain who was at Serial No. 1 of waiting list was recommended by the Commission and he was given appointment against unfilled vacancy for which the name of Dr. Mahesh Khadgawat was recommended for appointment because he died before issuance of appointment order.

6. A representation was filed by the petitioner before the respondent Commission with the prayer that his name may also be recommended to the State Government because due to non-joining of another candidate Dr. Neelam Agarwal, vacancy is available but he was verbally told that Commission has sent a fax message to the State Government for sending the roster and after receiving the roster, his name will be considered.

7. As per facts, respondent No. 1 Department of Medical and Health Services sent requisition to the Commission vide letter dated 07.12.2000 for recommending three names from the waiting list to fill up the available vacant posts of Sr. Demonstrator but despite sending the requisition by the Government, names were not recommended by the respondent Commission, thereafter, the petitioner gave a registered notice to the respondents to recommend his name for appointment but no reply was given to the petitioner.

8. Learned counsel for the petitioner submits that as per Rule 20 of the Rajasthan Medical (Collegiate Branch) Rules, 1962, there is provision to prepare a waiting list to the extent of 50% of the advertised vacancies and to keep the name of suitable candidates in the reserve list to send names upon requisition received by the Government for six months from the date on which the original list is forwarded by the Commission. Learned counsel for the petitioner submits that admittedly out of eight candidates recommended by the RPSC, two vacancies remained unfilled