The petitioner's claim for appointment on the post of JLO from the reserved waiting list was found to be valid as he approached the Court before the expiry of the wait list, and the Court allowed the petition, directing the respondents to consider the case of the petitioner for appointment on the post of Junior Legal Officer, if he is otherwise found eligible and suitable.

ORDER :

1. By way of filing this petition, the petitioner has challenged the action of the respondents by which they have refused to recommend his name for appointment on the post of Junior Legal Officer (for short, ‘JLO’) on the ground that validity of six months of the wait list has expired.

2. Feeling aggrieved by the aforesaid action of the respondents, instant petition has been filed by the petitioner with the following prayer:

“(i) by an appropriate writ, order or direction, the impugned letter/notice dated 1.9.2015 issued by the respondent may kindly be quashed and set aside.

(ii) by an appropriate writ, order or direction, the respondent may kindly be directed to give appointment to the petitioner on the post of junior Legal Officer against the unfilled vacancies due to non-joining of the selected candidates pursuant to the advertisement dated 18.9.2013 being at S.No.4 in ST category in waiting list dated 3.12.2015 with all consequential benefits.

iii) By issuing an appropriate writ, order or direction, the respondent No.2 may kindly be directed to operate the waiting list by cancelling the appointment order of those candidates who are not interested to join on their posts in the aforesaid department as per Rule 24 of the Rajasthan Legal State & Subordinate Service Rules, 1981 and the petitioner be given appointment on the post in question from the date of other candidates has been given appointment with all consequential benefits.

iv) Any other order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly also be passed in favour of humble petitioner.”

3. Contents of the petition indicates that by way of filing instant petition, the petitioner is seeking directions against the respondents to operate the reserved waiting list and thereafter consider his case for appointment on the post of JLO.

Submissions by the petitioner:

4. Counsel for the petitioner submits that pursuant to the advertisement dated 18.09.2013, total 150 posts out of which 18 posts reserved for ST category were advertised by the Rajasthan Public Service Commission (for short ‘RPSC’) for appointment on the post of JLO. Counsel submits that the petitioner participated in the above selection process under the category of Scheduled Tribe candidate. Counsel submits that the result of the aforesaid examination was declared on 23.11.2015 wherein 148 candidates were declared as passed and later on a reserved list of 65 candidates was declared on 03.12.2015. Counsel submits that the RPSC sent the first recommendation of 115 candidates to the State for appointment on the advertised post on 11.12.2015 thereafter the second list was sent to the State on 30.03.2016 for appointment of 25 candidates. Counsel submits that the State issued appointment orders in favour of the 115 candidates on 30.03.2016 with a clear stipulation that the selected candidates were supposed to join the offered post within a period of 21 days. Counsel submits that various candidates did not join the offered post within the stipulated time and in the meantime the petitioner submitted an application on 04.05.2016 for operating reserve merit list. Counsel submits that in total 57 candidates did not join, hence, the State issued the subsequent appointment orders in favour of 25 candidates on 23.05.2016 and directed them to join within seven days. Counsel submits that because of non-joining of the above candidates, the candidature of some of the candidates were cancelled on 09.06.2016 and on the same day a requisition was sent by the State to the RPSC to operate waiting list of 27 candidates. Counsel submits that one Raj Kumar Meena was offered appointment by the State vide order dated 30.03.2016 but he did not join. The respondents were supposed to cancel his candidature also, but this exercise was not done by the respondents till 09.12.2016. Counsel submits that thereafter the RPSC sent the requisition of 27 candidates from the reserve wai