important point
Even selected candidates do not have legal right to be appointed.

judgment

S.B. Sinha, J. —

1.Leave granted.

2.Appellant-State employs teachers on yearly basis. Vacancies for each year are separately determined. Recruitment of teachers is made in terms of Rajasthan Education Subordinate Services Rules, 1971 (the Act). It remains valid for one year that is from the first day of April to 31st March. Rule 9(3) of the said Rules read thus ;

“Rule 9(3) Whether vacancies can be determined more than once in a year. Vacancies shall be determined only once a year: Vacancies occurring after the Departmental Promotion Committee meeting has been held shall be treated as the vacancies of the next year. Variation in the vacancies that may crop up between the date of requisitioning the Department Promotion Committee and the date of Departmental Promotion Committee meeting held shall be taken into account at the Departmental Promotion Committee meeting.”

3.For the year 1995-96, there were 33 vacancies and advertisements were issued therefor. Respondent herein was one of the applicants for the said post. The Selection Committee prepared a select list. The respondent’s name figured at serial No.10 of the said list. Out of 33 vacancies, 19 posts were to be filled up by Teachers (Physical Education) and 14 posts were meant for Teachers (Grade-III). Out of 19 posts of Teachers (Physical Education), 9 posts were for General Category candidates; 5 posts were reserved for OBC candidates; 2 posts for Scheduled Castes candidate and one post for Scheduled Tribes candidate. One post was to be filled on the vacancies arising out of appointment on compassionate grounds. The date of joining was fixed on 12.04.1996. The candidate placed at serial No.8 in the merit list did not join. The vacant post was said to have been carried forward to 1996-97. Respondent had also applied for the post of Teacher (Physical Education) in the said year but he was been placed at serial No.23 in the merit list and, thus, was not found fit to be appointed in 1996-97 also. He filed a writ petition before the Rajasthan High Court. On the premise that the validity of the merit list had expired, a learned Single Judge of the said High Court opined that he had no legal right to be appointed stating :

“Since, respondent prepares a new panel every year and it will remain effective prior to the end of that session, i.e., till March. Hence, after the expiry of duration of panel, the candidates included in that panel, will not have remained any legal right to be appointed. In the present case also, the duration of the panel has been expired and appointments have already been made in accordance with the same...”

4.An intra-court appeal was preferred thereagainst. A Division Bench of the High Court, however, reversed the said decision without adverting to the question as to whether the select list has remained valid or not. It was held :

“Taking into consideration all the facts and circumstances of the case, the defence taken that till 31st of March, 1996 there was no post vacant in the Department, is difficult to accept. The Petitioner did all whatever he could have done at the relevant time to protect his right of consideration for appointment. The ground on which the writ petition was dismissed is not tenable.

As a result of the aforesaid discussion this appeal succeeds and the same is allowed. The order dated 1.9.1997 of the learned Single Judge in S.B. Civil Writ Petition No.4599/1996, impugned in this appeal, is quashed and set aside. The writ petition is allowed and declared post of Teacher (Physical Education) fallen vacant due to non-joining of the appointed candidate stood at serial No.8 of the merit list. The Respondents are directed to give appointment to the Petitioner on the post of Teacher (Physical Education), within a period of one month from the date of receipt of the copy of this judgment. The appointment shall relate back to the date on which the appointment candidate stood at serial No. 9 of the merit list, ought to have joined the post. The