A candidate included in a waiting or select list does not acquire an indefeasible right to appointment. Waiting lists are not perennial; they possess a limited validity period, after which they lapse, and the employer retains the discretion to decide which vacancies to fill.

ORDER :

ANAND SHARMA, J.

1. By way of filing this writ petition, petitioner has assailed order dated 24.03.2026 passed by the Secretary, Rajasthan Public Service Commission, Ajmer whereby, representation filed by the petitioner in compliance of order dated 16.01.2026 passed by Co- ordinate Bench of this Court in S.B. CWP No. 564/2026 has been dismissed.

2. Learned counsel for the petitioner submitted that an advertisement was issued by respondent-Commission on 28.04.2022 for inviting applications for recruitment on the post of Lecturer (Political Science). The petitioner being eligible submitted application form and participated in the process. As per petitioner, provisional select list was issued on 04.05.2023 in which, the name of the petitioner was also included and he was allowed in the counseling process. Thereafter, on 29.09.2023 final merit list as well as reserve list issued by Public Commission and petitioner found his name in the reserve list at Serial No. 206. Learned counsel submits that thereafter, appointments were given to the candidates following the main select list on 07.10.2023 however, certain posts were lying vacant despite appointment order given by the respondent-Commission as many candidates did not join pursuant to appointment order.

3. Learned counsel for the petitioner submitted a representation dated 07.04.2025 before the RPSC for giving her appointment and when no heed was paid the petitioner approached this Court by way of filing S.B. CWP No. 564/2026 which was disposed of by Co-ordinate Bench of this Court by giving liberty to the petitioner to submit a representation with regard to her grievances.

4. Learned counsel submits that in the light of liberty granted by Co-ordinate Bench of this Court in earlier writ petition filed by the petitioner, the petitioner submitted representation which has been dismissed by respondent-Commission vide order dated 24.03.2026 only on the ground that as per rules and circulars, waiting list can be operated only within a period of six months from the date of last recommendations made by the Commission for appointment from the select list.

5. Learned counsel submits that action of the respondent- Commission is totally arbitrary for the reason at no point of time, petitioner was informed with regard to number of actual vacancies, which could not be filled from the main select list and although, petitioner submitted repeated representations, no positive response was given by the respondent-Commission. Learned counsel submits that since, the vacancies are still existing and are likely to be carried forward by the respondents ignoring the preferential claim of the petitioner, it is causing grave prejudice and miscarriage of justice to the petitioner.

6. Heard learned counsel for the petitioner and perused the record.

7. This Court finds that appointment orders were was issued by the respondents pursuant to advertisement dated 28.04.2022 on 07.10.2023. It has also not been disputed by learned counsel for the petitioner that as per circulars dated 19.07.2001, 13.01.2016, 26.04.2018 & 27.12.2021 issued by the Department of Personnel, Government of Rajasthan, as referred in impugned order dated 24.03.2026, the permissible period for operating the reserve list is only six months. After expiry of six months from the date of last recommendation, which has been shown as 02.10.2023 in the impugned order, the limitation of six months has expired on 01.04.2024 and thereafter, no directions for operating waiting list can be granted.

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