JUDGMENT :

1. These writ petitions have been filed by the petitioners seeking a direction to the respondents to fill up the advertised vacant posts of Senior Teacher from the candidates found provisionally selected by the select list and offer appointment to them pursuant to the advertisement dated 29.3.2018 and accord appointment to the petitioners on the post of Senior Teacher with all consequential benefits pursuant to the advertisement dated 29.3.2018.

2. Advertisement dated 29.3.2018 was issued by the Rajasthan Public Service Commission ('RPSC') for filling up the posts of Teachers under the Rajasthan Sanskrit Education State and Subordinate Service (School Branch) Rules, 2015 ('the Rules') for various subjects. Corrigendum dated 16.8.2019 was issued on account of according reservation to MBC. After examination was held, provisional list of candidates for eligibility checking was published to the extent of two times of vacancies in each subject.

3. After candidates were called for document verification, by way of counselling, main list of the selected candidates was issued for all categories except Ex-serviceman as the same was withheld under the orders of the Court.

4. Simultaneously, reserve list in terms of provisions of the Rules was also issued to the extent of 50% of vacancies advertised in each subject. Based on the main list and the recommendation made by the RPSC, the State issued appointment orders to the candidates. As all the candidates, did not join pursuant to the orders of appointment, the Department communicated the same to the RPSC and sought further recommendation from the reserve list.

5. The RPSC sent the merit list (pick-up against non joinder) to the Department, based on which, again orders of appointment were issued to the candidates from the reserve list. When even from the candidates appointed from the reserve list, again only few candidates joined, the Department again sought further recommendations from the reserve list. Even in the category of Ex-serviceman, whose result was declared, out of 11 candidates in English main list, who were offered appointment, one joined.

6. It is inter alia claimed that though the Department has sought names of the candidates from the reserve list, the RPSC for no apparent reason has failed to recommend the names of the candidates including the petitioners, from the select list despite the fact that large number of vacancies are available.

7. Submissions have been made that action of the respondents in not sending the recommendation despite requisition from the Department, is not justified and, therefore, the relief as indicated has been claimed.

8. On notices being issued, the State filed its reply inter alia indicating that the Department has done its best and intend to fill up all the advertised posts and has communicated many times with the RPSC for filling up the advertised posts as per Rules and procedure established by law, however, for lack of recommendation, the said exercise could not be done, therefore, the petitions are liable to be dismissed.

9. On the part of RPSC, no reply was filed. However, on 15.12.2021, it was submitted that despite repeated communications with the Department of Personnel, permission to send the names, has not been received.

10. As the Department of Personnel was not party to the petition, Mr. Sunil Beniwal, learned AAG was directed to put in appearance and complete his instructions in the matter.

11. Learned AAG has filed an affidavit on behalf of the Department of Personnel inter alia indicating that though the period for operating the reserve list is six months from the date, on which the original list if forwarded, even after excluding the period of lock-down as the said period has lapsed, no proceedings could be initiated in furtherance to the communication made by the RPSC and has placed on record a communication dated 27.10.2021