ORDER :

1. This writ petition has been filed by the petitioner seeking a direction to the respondents to consider the candidature of the petitioner under Ex-Serviceman category against the unfilled vacancy of Ex-Serviceman due to non-joining of a candidate pursuant to Constable recruitment vide advertisement dated 04.12.2019.

2. It is, inter-alia, indicated in the petition that for recruitment on the post of Constable General and Driver in TSP and Non-TSP area, whereby 27 posts in Commissionerate, Jodhpur, within which, three posts were reserved for Ex-Serviceman category vide advertisement dated 04.12.2019 were advertised, the petitioner submitted his online application form under the SC Ex-Serviceman category. The competitive examination was held on 07/08/11.2020 wherein, the petitioner qualified and was subjected to PST/PET, which were also cleared by the petitioner. The respondents prepared a provisional merit list and the candidates were called for document verification and medical examination.

3. Under the Ex-Serviceman category, three candidates viz. S/Sh. Aidan Singh, Jaswant Singh and Jaheer Abbas Khan were included, based on their merit positions and the petitioner was merit position No.4. Based on the final merit list prepared, the respondents proceeded to accord appointment, whereby S/Sh. Aidan Singh and Jaswant Singh were accorded appointment but the third candidate Sh. Jaheer Abbas Khan failed to report for medical and as such, did not join. It is claimed that the petitioner received communication on phone to attend the office of Commissionerate, Jodhpur in relation to vacancy in Ex-Serviceman category.

4. Submissions have been made in the petition, inter-alia, indicating that despite the fact that one of the candidates in Ex-Serviceman did not join and the petitioner is at next merit position, he has not been accorded appointment, which is not justified and therefore, the relief prayed be granted.

5. A response to the writ petition has been filed by the respondents, inter-alia, indicating that out of 24 posts advertised, three posts were reserved for Ex-Serviceman category in Jodhpur Commissionerate. Final select list was issued on 18.05.2021 wherein, three candidates were selected in the Ex-Serviceman category, however, one of the candidates who was selected in Ex-Serviceman, did not appear for joining and as such, letters dated 10.06.2021, 02.07.2021, 22.07.2021 and 15.09.2021 were issued, however, when candidate did not join, the appointment order was cancelled vide Annex.R/1. Where after, the Superintendent of Police, Recruitment and Promotion Board by order dated 20.10.2021 constituted review Board for filling two vacant posts due to non-joining of two candidates (Annex.R/2). It is then indicated that while the proceedings of review Board were pending, advertisement dated 29.10.2021 for recruitment for the post of Constable was issued by the Department, whereafter by order dated 10.11.2021 (Annex.R/3), the Board required that no further proceedings of review Board should be held. Further submissions have been made that the petitioner does not have any right to claim appointment on the basis of his name appearing in the merit list and, therefore, the petition deserves dismissal.

6. A rejoinder to the reply has been filed, inter-alia, claiming that as soon as the candidature of non-joining candidates in Ex-Serviceman category was cancelled by issuance of letter dated 30.09.2021, the right of the petitioner for consideration against the vacant Ex-Serviceman post accrued. Further submissions were made that it is not the case of the respondents that the post which became vacant, has been included in the subsequent advertisement and, therefore, the plea raised by the respondents has no basis, inasmuch as the posts, which remained unfilled due to non-joining of the candidates and cancellation of their appointment by order dated 30.09.2021 are till date vacant, as the same has not been included in the subsequent advertis