The retrospective application of circulars in recruitment processes and the obligation to give effect to non-joining of candidates in the operation of reserve lists.

ORDER :

1. The present writ petition has been preferred claiming the following reliefs :-

“A. By an appropriate writ order or direction, any order denying to consider the candidature of the petitioner for the post of Senior Teacher (Sanskrit) against the non-joined candidates pursuant to advertisement dated 09.04.2018 (Annex.1) may kindly be quashed and set aside.

B. By an appropriate writ order or direction, the respondents may kindly be directed to issue a fresh pick list while exclude the name of the non-joined candidates for the post of Senior Teacher (Sanskrit) pursuant to advertisement dated 09.04.2018.

C. By an appropriate writ order or direction, the respondents may kindly be directed to consider the candidature of the petitioner for her final selection against the non-joined candidates as per her reserve merit status for the post of Senior Teacher (Sanskrit) in pursuance of the advertisement dated 09.04.2018.

D. By an appropriate writ order or direction, the respondents may kindly be directed to permit the petitioner in the further selection process and provide the appointment in her respective category of General Women as per her marks and merit status against the available vacant posts as not filled-up by non-joined candidates for the post of Senior Teacher (Sanskrit) in pursuance of the advertisement dated 09.04.2018 with all consequential benefits.”

2. Learned counsel for the petitioner points out that the petitioner has qualification of graduation and B.Ed. and as per her eligibility, participated in the recruitment process for the post of Senior Teacher (Sanskrit) arising out of the advertisement dated 09.04.2018.

3. Learned counsel for the petitioner submits that the petitioner qualified in the said examination, as she was having cut off in the General Women (Non-TSP) category candidate, who placed in reserved merit at serial No.17. The reserved merit list as evident from the Annexure-6 was operated upto reserved merit list No.16 whereby the last appointment was offered to one Anju Sharma, but she did not join for the said post.

4. Learned counsel for the petitioner further submits that the case of the present petitioner is that while the list of non-joiners given in Annexure-6 was made the information regarding one Sanjeev Kumar was not given to the R.P.S.C., and thus, the reserved list, which ought to be operated upto serial no. 17 could not be operated.

5. Learned counsel for the petitioner has drawn attention to the office note of Additional Chief Secretary, Education Department, which is on record at page 142 of the writ petition; the para Nos. 10, 11, 22 and 23 of the office note reads as follows:-

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11- mijksDrkuqlkj Li"V gS fd izdj.k esa izFker% la;qDr funs'kd] Ldwy f'k{kk ikyh laHkkx }kjk vH;FkhZ latho dqekj dk vkosnu foyEc ls izsf"kr fd;k x;kA rRi'pkr~ funs'kd] ek/;fed f'k{kk chdkusj }kjk izdj.k dk xyr ifji= ds laca/k esa ijh{k.k fd;k x;k gSA bl dkj.k vH;FkhZ latho dqekj dk vkosnu iqu% vkjih,llh dks izsf"kr ugha fd;k tk ldkA tks fd laHkor% iwoZ izko/kkuksa ds vuqlkj izsf"kr fd;k tkuk pkfg, FkkA
22- bl laca/k esa fuosnu gS fd dkfeZd foHkkx dh jk; ¼i`"B 41@lh½ ds vuqlkj ofj"B v/;kid&2016 dh HkrhZ esa eq[; lwph dkfeZd foHkkx ds uohu ifji= fnukad 27-12-2021 ls iwoZ vfHkLrkfor dj nh xbZ FkhA vr% mDr HkrhZ esa izrh{kk lwph ls uke vfHkLrkfor djus dh le;kof/k dh x.kuk eq[; lwph vfHkLrkfor djus ds le; izHkkoh funsZ'kksa ¼ifji= fnukad 19-7-2021] 13-1-2016 ,oa 26-4-2018½ ds vuqlkj gksxhA
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