JUDGMENT :

SUDESH BANSAL, J.

1. Heard counsel for both parties at length on merits of writ petition and perused the material placed on record.

2. Petitioner has laid the instant writ petition under Article 226 of the Constitution of India seeking direction against respondents to consider her candidature for selection and appointment on the post of Assistant Statistical Officer (ASO), pursuant to advertisement dated 06.07.2020. Since petitioner stands at rank No. 1 in the reserve list, therefore, petitioner has laid her claim against the post which has fallen vacant due to not joining by Mr. Sunil Machhera, a candidate from the main select list of 11 candidates to whom offer for appointment on the post of ASO in general category was issued by the State authorities vide order dated 23.11.2021 but he declined to join on the post on 28.02.2022. Hence, to fill up this unfilled post pursuant to advertisement dated 6.7.2020, petitioner has filed the instant writ petition.

3. The factual matrix of the case is that the RPSC vide advertisement dated 06.07.2020 notified 11 vacancies of ASO (5 General+1 General Women+1 SC+1 ST + 2 OBC+ 1 EWS= total 11) for appointment in the Agriculture Department under the Rajasthan Agriculture Subordinate Service Rules, 1978 (hereinafter “the Rules of 1978”). The petitioner being eligible applied to participate in the recruitment process by holding written examination and interview in the General category. RPSC after completion of selection process and final result came to be declared on 03.08.2021. Petitioner was placed in reserve list at merit No. 1. From the main list, the select list out of 11 selected candidates, one candidate namely Mr. Sunil Machhera though was of OBC category but since he scored more marks than the cut off of general category, hence, Mr. Sunil Machhera was selected against the post of General category. RPSC forwarded name of 10 candidates on 13.08.2021 and name of Mr. Sunil Machhera on 26.08.2021 to the Agriculture Department for appointment. The Department proceeded for document verification of such selected candidates and finally issued appointment order on 23.11.2021. It appears that Mr. Sunil Machhera did not join pursuant to appointment order dated 23.11.2021 and sought extension of period for joining on account of preparing for India Statistical Services. The Department, vide order dated 28.12.2021 (Ann-8) extending the period for joining on the post to Mr. Sunil Machhera by 10.5.2022. In between the extended period, Mr. Sunil Machhera submitted an application dated 28.02.2022 before the Agriculture Department that in view of his selection in India Statistical Services-2021, he will not join on the post of Assistant Statistical Officer pursuant to his appointment order dated 23.11.2021. Thus, one post of Assistant Statistical Officer in General category fallen vacant on 28.02.2022 due to not joining by Mr. Sunil Machhera, as disclosed by him through application dated 28.02.2022 (Ann-9). Hence, soon after having knowledge of this fact, petitioner submitted application dated 29.03.2022 (Ann- 11) before the Department itself, with a request that she stands at rank No. 1 in reserve list, therefore, the vacant post of General category be filled from the reserve list and candidature of petitioner be considered for appointment on such vacant post of Assistant Statistical Officer. Since no action was taken by the Department, therefore, petitioner filed the instant writ petition on 05.04.2022.

4. The case of petitioner is that when Mr. Sunil Machhera has expressed his willingness to not join on the post of Assistant Statistical Officer in General category by submitting written application dated 28.02.2022, therefore, Department ought to have initiated action to fill the vacant post of Assistant Statistical Officer in General category through the candidate from reserve list and the Department was required to send and operate the reserve list and requisition to the RPSC, to forward the na