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VINIT KUMAR MATHUR
Gurmeet Singh, S/o. Sukhdev Singh – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary, Department Of Rural Development And Panchayati Raj (Panchayati Raj), Government Of Rajasthan – Respondent
ORDER :
(Vinit Kumar Mathur, J.) :
The present batch of writ petitions is based on similar and identical facts, therefore, the same are being heard and disposed of by this common order.
2. For proper adjudication of the controversy, facts of S.B. Civil Writ petition No.14640/2022 (Gurmeet Singh vs. State of Rajasthan & Ors.) are taken into consideration.
3. The petitioner in the present writ petition has made a prayer that waiting list/second list/reserve list for the total 10029 posts of Lower Division Clerk (hereinafter referred to as ‘LDC’) in pursuance of the advertisement issued in the year 2013 should be published and the case of the petitioner may be considered for appointment on the post of LDC.
4. Briefly noted the facts in the writ petition are that in the year 2013, the respondent-State advertised the vacancies for appointment on the post of LDC. The petitioner being eligible in all respects applied for the post of LDC by filing an appropriate application. While the process for selection was in-currency, certain writ petitions were filed before this Court with respect to grant of bonus marks. In those writ petitions, the matter went up to the Hon’ble Supreme Court and the Hon
Candidates have a right to be considered for appointment but no vested right to receive an appointment from a select list.
Merely being included in a select list does not provide an indefeasible right to appointment; the State can regulate vacancies as per policy needs, provided there is no arbitrariness.
Waiting lists do not confer vested rights for appointment, and recruitment processes can lapse with new selections, as confirmed by the court.
Point of Law : There is neither any Rules nor any Guidelines bestowing such discretion upon the employer to fill the post of LDC in the DRDA as per the wisdom of the employer.
In the absence of specific provision for a waiting list, candidates cannot claim appointment on vacancies left unfilled due to non-joining of selected candidates.
The waiting list candidates have the right to claim appointment if the candidates from the main list do not join, and the State must provide justifiable, non-arbitrary reasons for not filling up the ....
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