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2019 Supreme(Raj) 398
IN THE HIGH COURT OF RAJASTHAN
Alok Sharma, J.
VINOD KUMAR GUPTA AND OTHERS - Appellant
Vs.
STATE OF RAJASTHAN AND OTHERS - Respondent
Civil Writ Petition No. 5694 of 2019
Decided On : 21-05-2019
For the Appellant : Mr. Vigyan Shah, Mr. Kamlesh Sharma, Mr. Rajaram Choudhary, Mr. Akshit Gupta, Mr. Pukhraj Chawal, Advs.
For the Respondent: Mr. M.S. Singhvi, A.G. with Mr. Raunak Singhvi, Mr. Daksh Pareek Mr. S.S. Raghav, AAG, Mr. C.L. Saini, AAG, Mr. Nitin Jain, Mr. Akshay Sharma, Advs.
Headnote:
Rajasthan Animal Husbandry Subordinate Service Rules, 1977 – Rule 20 –TSP and non TSP areas respectively – Eligibility Requirements – Recommendations – Satisfaction of eligibility – Case petitioners is that pursuant to advertisements in issue, they applied and were admitted to written examination conducted Rajasthan Staff Selection Board on behalf of State Government result of said examination was declared and revised account of quashing of Special Backward Class reservation by Division Bench of this Court vide its judgment in case of Cap – Civil Writ Petition revised result was provisional in nature subject to document verification of selected candidates as to their eligibility for post in issue – Documents verification was then done and appointment orders of those in main select list issued by appointing authority in a truncated manner beginning – Held, Issue of validity of waiting list as in the aforesaid case is not an issue at all in the petition. Further in case of Gujarat State Dy. Executive Engineers Assoc – Relied upon by learned Advocate General – Apex Court has merely stated the well settled proposition that those in waiting list cannot claim appointment of good cause not to appoint them such as against future vacancies or on an argument that number of vacancies advertised were wrongly computed on lower side obtained – Apex Court in said case recognized right of a candidate in waiting list to be pushed up as per merit and appointed against vacancies obtaining from non-joining of those in original list despite offers of appointment – Petition is accordingly allowed.
1. The petitioners have challenged the Department of Personnel (DOP) Circular dated 26.4.2018 insofar as it obstructs their appointment as Live Stock Assistants (hereafter the LSAs) under the Rajasthan Animal Husbandry Subordinate Service Rules, 1977 (hereafter the Rules of 1977) despite their being in the waiting list and vacancies being available on the post advertised on 28.6.2016 and 22.7.2016 for the TSP and non TSP areas respectively.
2. The case of the petitioners is that pursuant to the advertisements in issue, they applied and were admitted to written examination conducted on 21.8.2016 by the Rajasthan Staff Selection Board (hereafter the Board) on behalf of the State Government. The result of the said examination was declared on 8.10.2016 and revised on 8.6.2017 on account of quashing of the Special Backward Class (hereafter the SBC) reservation by the Division Bench of this Court vide its judgment dated 9.7.2016 in the case of Cap. Gurvinder Singh & Ors. Versus State of Rajasthan & Ors. - D.B. Civil Writ Petition No. 1645/2016. The revised result was provisional in nature subject to document verification of selected candidates as to their eligibility for the post in issue. Documents verification was then done and appointment orders of those in the main select list issued by the appointing authority in a truncated manner beginning 6.8.2017 and thereafter on 12.8.2017, 11.9.2017, 3.10.2017, 18.12.2017, 23.1.2018, 2.4.2018, 7.5.2018 and 5.7.2018.
3. The reserve list was then also issued on 5.7.2018 under the proviso to Rule 20 of the Rules of 1977.
4. The petitioners state that prior to all appointments under the main select list and notification of the reserve list, the respondents initiated a fresh selection process for recruitment of 2077 posts of LSAs (1833 posts for the Non TSP Areas and 244 posts for TSP Areas) vide advertisement dated 14.3.2018. When the subsequent advertisement dated 14.3.2018 was issued all appointments under the select list prepared with reference to the earlier advertisement dated 28.6.2016 had even not been made and even the reserve list mandatorily required under the proviso to Rule 20 of the Rules of 1977 not notified. In fact the recruitment process under the advertisement dated 28.6.2016 was underway. And this is so evident from the appointment of LSAs under order dated 7.5.2018 from amongst the successful candidates in the main select list following the advertisement dated 28.6.2016.
5. The petitioners case is that the respondent Animal Husbandry Department conscious of the aforesaid position of the integrity of the selections for the post of LSAs underway following the advertisement dated 28.6.2016 sent a requisition on 15.5.2018 to the Board respondent No. 3 - for recommending the names of the next meritorious candidates for appointment against the available vacant posts of LSAs as advertised on 28.6.2016 for reason of non joiners amongst those in the main select list who had been offered appointment. The Board then notified the waiting list dated 5.7.2018 with reference to vacant posts of LSAs available against the non joiners. The petitioners were part of the said waiting list dated 5.7.2018 and called for documents verification vide order dated 6.7.2018. They then on their documents verified by the Board were found to be eligible for the post of LSAs and entitled to be appointed on the vacant posts as per their merit in the reserve list. The recommendations for their appointment were sent by the Board on 18.10.2018 to the appointing authority.
6. The petitioners however were yet not appointed. Instead correspondences ensued between the appointing authority and the DOP on the question whether the waiting list notified following the direct recruitment examination, 2016 on 5.7.2018 could be operated with reference to DOP Circular dated 26.4.2018 in view of the fresh recruitm
