Failure to implead necessary parties, failure to challenge the validity of the corrigendum, and participation in the selection process without raising objections estopped the appellants from questioning the selection process.

JUDGMENT :

1. These special appeals are filed by the appellants being aggrieved with the judgment dated 20.12.2021 passed by the learned Single Judge in various writ petitions, whereby the writ petitions have been dismissed for the reasons; (i) non-impleadment of necessary parties; (ii) failure on the part of the appellants in questioning the validity of the corrigendum dated 04.06.2018; (iii) the appellants being estopped from questioning the validity of inclusion of candidates of the newly included TSP area having been participated in the selection process after issuance of corrigendum dated 04.06.2018; (iv) the writ petitions being highly belated and (v) alternate relief regarding increase of post being not available.

2. Brief facts of the case are that the RPSC issued advertisement dated 09.04.2018 inviting applications for the post of Senior Teacher Grade-II in various subjects for TSP areas under the provisions of Rajasthan Scheduled Areas Subordinate, Ministerial and Class-IV Service (Recruitment and Other Service Conditions) Rules, 2014 (hereinafter to be referred as ‘the Rules of 2014’) for different number of posts in different subjects. The written examinations were conducted and merit of the candidates was prepared on the basis of aggregate marks of both papers. After declaration of the result, candidates two times the total number of vacant posts were called for document verification and the result of the examination was declared on 29.07.2019, 08.08.2019 and 02.09.2019 for different subjects.

3. After verification of the documents of the candidates, final select/merit list was issued on 16.03.2020, 12.02.2020, 27.02.2020 and 16.03.2020 for different seats. Admittedly, the appellants could not obtain more marks than the cut-off of the selected candidates. At this stage, the appellants have filed writ petitions challenging the action of the State Government for inclusion of the candidates of non-TSP areas on the ground that advertisement was issued on 09.04.2018 as per the vacancies determined on 01.04.2018, however, later on, the State issued a notification dated 19.05.2018, whereby the scheduled area is extended and then, the RPSC issued a corrigendum dated 04.06.2018, whereby it has extended the last date for filling up on-line applications up to 16.06.2018 in relation to the advertisement dated 09.04.2018 and as such an opportunity was provided to the candidates residing in newly included TSP areas to apply pursuant to the advertisement dated 09.04.2018, whereas it is not permissible under the law.

4. It was argued on behalf of the appellants before the learned Single Judge that in terms of the provisions of Rules of 2014, the vacancies are to be determined on 1st of April every year as such the advertisement which was issued on 9.4.2018, the vacancies indicated therein were upto 01.4.2018 and, therefore, the respondents could not have included the candidates of the newly added TSP areas qua the said vacancies, which pertain to the TSP area as it existed on 01.4.2018. It was also contended that the corrigendum dated 04.06.2018 issued by the RPSC was contrary to the circular dated 01.06.2018 issued by the Department of Personnel, wherein it is specifically provided that the provisions of the notification dated 19.05.2018 would apply to the advertisements issued after 19.05.2018.

5. The writ petitions were opposed by the State raising preliminary objections that the candidates who have been selected pursuant to the advertisement dated 09.04.2018 have not been impleaded as party-respondents in any of the writ petitions, though they are necessary party and therefore, the writ petitions are liable to be dismissed on this ground alone.

6. It was also contended on behalf of the State before the learned Single Judge that the writ petitions are highly belated as the selection process, pursuant to the advertisement dated 09.04.2018, has already been concluded and final selection list has already been issued in the month of Feb