JUDGMENT :

Manindra Mohan Shrivastava, J.

1. These appeals are directed against the order dated 26.09.2019 passed by the learned Single Judge, whereby, the writ petition filed by the respondents has been allowed directing the appellants to consider the private respondents for appointment under the select list of the year 1997 as published by the Rajasthan Public Service Commission (‘for short ‘the RPSC’) with all consequential benefits of seniority though service was directed to be treated as notional for all purposes as well as for notional fixation of salary, actual benefit was only to be given from the date of appointment.

2. The relevant factual matrix necessary for adjudication of controversy involved in the appeals is that an advertisement was issued by the RPSC on 05.08.1996 inviting applications for appointment on the post of Homeopathic Chikitsak. The selection process was eventually completed and select list was published on 03.10.1997 wherein, 27 candidates were placed in the main list, including respondents No.4 & 5 herein (Respondents No.5 & 6 in the writ petition), who were placed at Serial Nos. 25 & 26 in the select list. One was selected for appointment against the post reserved for Scheduled Caste whereas, the other was selected for appointment against the reserve post of Scheduled Tribe category. Further, a reserve list was also published on the same date which contains 14 names including the name of Respondent No.1-writ petitioner-Dr. S.K Joshi who was placed at S.No.1 and Respondent No.2-writ petitioner-Dr. Shri Mohan Sharma who was placed at S.No.3. The select list was operated by issuing appointment orders. However, the respondents No.4 & 5 herein (Respondents No.5 & 6 in the writ petition) did not join the services as direct recruitees. As the reserve list was not operated, the two petitioners who were not appointed against available vacancies arising on account of non joining of selected candidates i.e. respondents No.4 & 5 herein (Respondents No.5 & 6 in the writ petition), representations having not been paid any heed, writ petition came to be filed by the writ petitioners before this Court.

3. The writ petitioners laid their claim and sought relief of direction to the Government to appoint them against unfilled vacancies caused due to non joining of respondents No.4 & 5 herein (Respondents No.5 & 6 in the writ petition) on the ground that respondents No. 4 & 5 herein (Respondents No.5 & 6 in the writ petition) were initially appointed as Junior Homeopathic Chikitsak and subsequently after the amendment in the Rules, they were considered and screened for regular appointment as Homeopathic Chikitsak, there was no occasion to include their names in the main select list and in that event, the select list ought to include the candidates in the order of merit, placed in the reserve list. The main plea taken by the writ petitioners was that the official respondents illegally excluded them from the process of selection and according to their pleadings in the writ petition, six more vacancies ought to be included in the 27 vacancies, which were advertised for being filled up through the process of recruitment.

The alternative plea of the writ petitioners was that in any case as those selected candidates, did not join pursuant to offer of appointment, the authorities were required to operate the reserve list.

4. In the reply, one of the contention of the State as well as RPSC was that there was no illegality in inclusion of the names of respondents No.4 & 5 herein (Respondents No.5 & 6 in the writ petition) in the select list because they were initially appointed as Junior Homeopathic Chikitsak and not recruited as Homeopatic Chikitsak and merely because their case for regularization was pending, they could not be denied participation in the process of selection by way of direct recruitment on the post of Ayurvedic Chikitsak. The stand of the official respondents in the reply to the writ petition was that reserve li