ORDER :

1. Instant writ petition filed with following prayer:-

It is, therefore, humbly prayed that Your Lordships may be pleased to take on record this rejoinder and direct the respondents to give appointment to the petitioners on the post of Agriculture Supervisor in pursuance of advertisement (Annx.1) and in view of the fact that their names have been duly recommended by the Rajasthan Staff Selection Board, Jaipur vide order dated 21.10.2022 (Annx.11), with all consequential benefits.

2. The brief facts of the case are that respondent No.4 has issued an advertisement dated 05.02.2021 for inviting application for recruitment on the post of Agriculture Supervisor. After the corrigendum, the advertisement was amended on 05.07.2021 and on 26.08.2021. The petitioner No.1 has applied under SC/Female Category, whereas petitioner Nos. 2 to 4 applied in OBC(NC) Category. After the declaration of result on 23.11.2021 and document verification, final list was sent to the Agriculture Department and appointment order of 2066 candidates in non-TSP area was issued on 11.03.2022. Again, a fresh select list of 43 candidates was sent on 27.05.2022 and out of which, 38 persons were appointed vide order dated 19.09.2022. The Board has again sent a list on 07.07.2022 and the Department has appointed 23 candidates in non-TSP area vide appointment order dated 03.01.2023. Some of the candidates have not joined and the respondent No.4 has recommended names of 12 candidates vide order dated 21.10.2022, which includes name of petitioners. The Department has not taken any action on the list as recommended by the Commission. The petitioners have submitted a representation to the Department, but no action has been taken by them. The petitioners have preferred current petition.

3. Learned counsel appearing on behalf of petitioners has submitted that vide order dated 19.10.2022, the Commissioner (Agriculture) has requested Staff Selection Board to recommend names against 10 candidates, whose candidature was rejected by the Department vide order dated 19.10.2022. He further submitted that acting upon the recommendation, the SSB has sent a list of 12 candidates on 21.10.2022, but the Department is avoiding to appoint the petitioners primarily on the ground that a new circular dated 27.12.2021 was issued by the DOP, which prohibits subsequent recommendation six months after declaration and use of waiting list, beyond six months.

4. Learned counsel has placed reliance upon judgment in case of K. Manjusree Vs. State of Andhra Pradesh, AIR 2008 SC 1470 and further considered by a Constitution Bench of Hon'ble Supreme Court in case of Tej Prakash Pathak & Ors. Vs. Rajasthan High Court & Ors.  2024 INSC 847 and submitted that changing the criteria before completion of selection process and introducing a new requirement is declared as illegal. He also placed reliance upon a Division Bench judgment dated 13.03.2023 in D.B. SAW No. 06/2023; State of Rajasthan Vs. Krishna Kumar and submitted that for the vacancy of year 2021, the circular issued by DOP on 27.12.2021 was not made applicable. He also submitted that the rule cannot be changed to place the petitioners in disadvantage position as a right has already been accrued in the favour of the petitioners.

5. Aforesaid contentions were opposed by learned counsel on behalf of respondents and submitted that on 27.12.2021, the DOP has issued a circular after supersession of all previous notifications and directed that a waiting list is operative only upto 6 months, from date of main recommendation and not thereafter. He further submitted that the Agriculture Department acting upon the binding circular issued by the DOP has denied the appointment to petitioners.

6. Heard learned counsel for the parties and perused the material placed on record. Also considered the judgments as referred herein above.

7. The short controversy involved in this writ petition is that whether a recommendation made by Rajasthan Staff Selection Board (