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2025 Supreme(Raj) 394
HIGH COURT OF JUDICATURE FOR RAJASTHAN
MR. JUSTICE ARUN MONGA, J
Dr. Saroj Kumari Meena W/o Dr. Dhara Singh Meena - Appellant
Versus
State Of Rajasthan, Through The Principal Secretary, Medical Education Department - Respondent
S.B. Civil Writ Petition No. 2595/2022
Decided On : 05-03-2025
Advocate Appeared:
For The Appellant : MS. KAVITA BHATI
For The Respondent: MS. MANJEET KAUR MR. RAGHU NANDAN SHARMA
The waiting list for appointments must be honored within its validity period, and administrative delays cannot justify the denial of appointment to a meritorious candidate.
Headnote:
(A) Rajasthan Public Service Commission Act - Appointment process for Assistant Professors - Petitioner, an ST candidate, was not appointed despite being next in line after cancellations of previous appointments, violating the principles of fair opportunity and merit-based selection. (Paras 1-10)
(B) Administrative procedures - The waiting list for appointments must be honored within its validity period, and failure to declare a post vacant in a timely manner constitutes administrative fault. (Paras 6-9)
Facts of the case:
The petitioner, serving as a Senior Demonstrator, applied for an Assistant Professor position but was not appointed despite being next on the reserved list after cancellations of other candidates.
Findings of Court:
The court found that the respondents failed to act timely in declaring the post vacant, which unjustly denied the petitioner her rightful appointment.
Issues: The main issues were whether the petitioner was entitled to appointment after the cancellation of other candidates and the validity of the waiting list process.
Ratio Decidendi: The court ruled that the waiting list must be honored within its validity, and administrative delays cannot justify the denial of appointment to a meritorious candidate.
Result: Petition allowed.
Order :
1. Petitioner herein, aspirant to become an Assistant Professor (Microbiology), inter alia, seeks issuance of an appropriate writ, order and/or direction commanding the respondents to accord her appointment on the said post pursuant to advertisement dated 17.01.2020(Annex.8).
2. Brief facts first. The petitioner has been serving as a Senior Demonstrator (Microbiology) at Dr. S.N. Medical College, Jodhpur, since 18.10.2017. On 17.01.2020, the Rajasthan Public Service Commission (RPSC) advertised vacancies for Assistant Professors and Senior Demonstrators, including eight positions for Assistant Professor (Microbiology), with one reserved for the ST category. The petitioner participated in the selection process, and was placed at Sr. No.5 on the reserved-list dated 16.03.2021. Dr. Harinandan Meena, an ST-category candidate, was selected at S.No.8 in merit-list, but did not join, leading to the cancellation of his appointment. Similarly, Neha Jain's appointment was also canceled after she did not join.
2.1 After Neha Jain's appointment cancellation, Dr. Neha Agrawal, the first candidate on the reserved list, was appointed on 08.11.2021. However, after Dr. Harinandan Meena's appointment cancellation, the petitioner, despite being the only remaining ST- category candidate on the waiting list, was not appointed. Petitioner submitted various requests to the authorities, including the Principal of Dr. S.N. Medical College and the Medical Education Department, but no action was taken. Notwithstanding, other similarly situated candidates were appointed in November 2021. Hence, the instant petition.
3. In the aforesaid backdrop, I have heard the rival contentions and gone through the case record.
4. Vide an interim order dated 18.02.2022, following interim protection was granted to the petitioner by a Coordinate Bench of this Court, said order being relevant is reproduced hereinbelow :-
“It is submitted by learned counsel for the petitioner that the petitioner, a ST candidate, was in the reserved list and that one of the selected candidate of ST category, did not join and his appointment order was cancelled. However, though in similar circumstances, wherein one Neha Jain, a general category candidate, did not join, another general category candidate Neha Agarwal was accorded appointment, the petitioner has not been accorded appointment, which is not justified.
A copy of the petition has been served on Mr. Manish Vyas, AAG, who is directed to accept notice on behalf of the respondents No.1 and 3 to 5.
There is no requirement to serve notice on respondent No.2.
Response, if any, be filed by learned counsel for the respondents by the next date.
List the petition on 5.3.2022.
In the meanwhile and till further orders, the respondents are restrained from re-advertising one post of Assistant Professor, Micro Biology in ST category.
Office is directed to reflect the name of Mr. Manish Vyas, AAG, as counsel appearing for the respondents in the cause list.”
5. What emerges from the pleadings of the parties and after hearing the counsel for the petitioner and perusal of the respective annexures appended with the petition, is a conceded position that indeed the post in question fell vacant on the last day of the expiry of the 6 months during which the waiting list was valid. The said vacancy existed due to the selected candidate having not joined on the post despite being issued an appointment letter.
6. In this context, reference may be had to Clause-11 of the Department of Personnel (DoP) Circular dated 05.04.2021 (Annex.R/2-2), which is stated to be the reason of not according the benefit to the petitioner of being appointed, despite her being otherwise meritorious and eligible.
7. Pertinent it is to note here that neither the petitioner’s eligibility is under dispute nor her performance, owing to which she was put on No.1 at the waiting list. Reverting to the DoP Circular ibid, the translated version of relevant Clause-11, reads as under :-
“11. As per
