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2022 Supreme(Raj) 117

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
AKIL ABDUL HAMID KURESHI, SUDESH BANSAL, JJ.
State of Rajasthan and Others – Appellants
Versus
Prachi Saxena D/o Shri Krishna Swaroop Saxena – Respondent
D.B. Special Appeal Writ No. 504 of 2020
Decided On : 10-02-2022

Advocates:
Advocate Appeared:
For the Appellant : C.L. Saini.
For the Respondents: Vijay Choudhary, M.F. Baig, S.K. Singodiya.

Headnote:

Constitution of India,1950 - Public Service Commission - RPSC for appointment - Recruitment process was initiated by the Rajasthan Public Service Commission for such purpose. Out of 62 vacancies 9 vacancies were reserved for women of which two would be for widow women - Select list of 62 candidates was published - Six candidates were kept in waiting list - Upon issuing appointment orders it appears that one general category candidate and one SC category candidate did not accept appointment - Likewise two women candidates also did not accept appointment – Held, State and RPSC had to do was to operate wait list of women candidates for two vacancies in said category which remained unfilled on account of selected candidates not joining duties - It appears that after offering appointment acting on such recommendation State Government also issued an offer of appointment was placed at a serial number higher than Prashasti in waiting list - Appears an offer of appointment was made accepted it and Prachi was not appointed - Respondent No. 1 had to have been offered appointment ahead of Prashasti - Learned Single Judge thus correctly assessed this position - Court find via media that learned Single Judge has therefore directed that Prachi would be appointed against existing or future vacancy but her inter se seniority position would be maintained - Court find that learned Single Judge has found the correct solution - It is clarified will not claim any wages for past period till her appointment remaining observations and directions of learned Single Judge are left untouched - Appeal stands disposed of.

JUDGMENT :

1. This appeal is filed by the State Government to challenge the judgment of the learned Single Judge dated 01.11.2019 passed in S.B. Civil Review (Writ) Petition No. 68/2019. The litigation has a chequered history. As briefly as possible it can be recorded as under:

    The State Government desired to fill up 62 posts of Lecturer (Civil Engineering) in government colleges. The recruitment process was initiated by the Rajasthan Public Service Commission for such purpose. Out of 62 vacancies 9 vacancies were reserved for women of which two would be for widow women. On 06.11.2013 the select list of 62 candidates was published. Six candidates were kept in waiting list. Upon issuing appointment orders it appears that one general category candidate and one SC category candidate did not accept appointment. Likewise two women candidates Anamika Purohit and Varsha Gidwani also did not accept the appointment. Writ petitions were filed by Ravindra Purohit and Hukmi Chand before the Rajasthan High Court seeking directions for operating the wait list for one general and one SC category candidate. The writ petitions were disposed of by a common judgment dated 04.08.2015 by the learned Single Judge in following terms:

“Consequently, both the writ petitions are allowed. The respondents are directed to send a requisition to the RPSC for appointment of the petitioners to the post of Lecturer Civil Engineer in general category and S.C. category respectively within a period of ten days from the receipt of a certified copy of this order. On receipt of the requisition, RPSC is directed to make recommendation in term of the merit position of the petitioners in the waiting list in their respective category within a period of ten days following. On receipt of recommendation and on verification necessary as per the practice of the State Government and on the petitioners then being found eligible, they be considered for appointment on the post of Lecturer Civil Engineer within fifteen days thereafter.”

2. Writ appeal and SLP filed against the said judgment failed. This judgment thus attained finality.

3. The second round of litigation started when two women candidates from wait list at S. Nos. 5 and 11, namely, Mitashree and Prashasti Maharshi filed writ petitions Nos. 14647/2016 and 14648/2016 respectively. Both these petitions were disposed of by a common order dated 01.05.2017 in following terms:

    “Counsel for the parties are in agreement that the controversy raised in the present writ petitions is squarely covered by the judgment rendered by a coordinate Bench of this court on 04.08.2015, in case of Ravindra Purohit vs. State (Technical Education) and Others, S.B. Civil Writ Petition No. 1781/2015.

It is not denied that the appeal filed by the State Government against the order passed by co-ordinate Bench in case of Ravindra Purohit vs. State (Technical Education) and Others, S.B. Civil Writ Petition No. 1781/2015, has been dismissed by Division Bench of this court in bunch of D.B. Civil Special Appeal (Writs) decided on 02.06.2016, lead case being State of Rajasthan and Another vs. Hukmi Chand and Another, D.B. Special Appeal (Writ) No. 1141/2015.

It is also not denied that the Special Leave Petition filed by the State has also been dismissed.

As jointly prayed, present writ petitions are disposed of, in same terms as in case of Ravindra Purohit vs. State (Technical Education) and Others, S.B. Civil Writ Petition No. 1781/2015, decided on 04.08.2015.”

4. Pursuant to the said order of the learned Single Judge the administration issued appointment orders in favour of Mitashree and Prashasti Maharshi. Respondent No. 1 herein Prachi Saxena who was placed at S. No. 6 in the wait list i.e. below Mitashree and above Prashasti Maharshi objected to her exclusion from appointment. She first filed appeal against the order of the learned Single Judge dated 01.05.2017. The appeal was disposed of by the Division Bench on 16.01.2019 allowing her to file an applicati

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