Rajasthan High Court – Jaipur
Rakesh Kumar Sharma And Ors vs State Of Raj Andors (2025:Rj-Jp:14192) on 25 March, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:14192]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7521/2016
Rakesh Kumar Sharma And Ors
----Petitioner
Versus
State Of Raj Andors
----Respondent
For Petitioner(s) : Mr. Tanveer Ahmed
For Respondent(s) : Mr. M.F. Baig
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment
25/03/2025
1. At the outset, learned counsel appearing for the respondents have
submitted that the present petition is filed assailing an/a
advertisement/selection/recruitment process initiated in the year 2013
wherein the petitioner(s) has/have applied for the post of Junior Law
Officer.
2. Subsequently, it is apprised that ever since issuance of the said
advertisement/recruitment process much water has flown and as on
date the impugned selection process is already over with all its
consequential appointments being granted/made. Nevertheless, a
subsequent fresh advertisement/selection process was also initiated and
culminated. Thence, it can be deduced that as on date, no vacant
seats/posts are available.
3. Lastly, it is apprised that the present lis/identical lis is no more
res integra and is already adjudicated vide judgment dated 13.02.2025
passed in SBCWP No. 2706/2000 titled as Om Prakash Ghiya Vs.
State of Raj. & Ors. Therefore, the said ratio can be made applicable
to the present petition also.
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[2025:RJ-JP:14192] (2 of 2) [CW-7521/2016]
4. Learned counsel appearing for the petitioner(s) is unable to refute
the aforementioned contentions or substantiate the availability of seats/
survival of the lis in hand.
5. In pursuance of the contentions noted insofar, this Court deems it
apposite to place reliance upon the ratio encapsulated in State of
Orissa & Anr. v. Raj Kishore Nanda & Ors. reported in (2010) 6
SCC 777, Girdhar Kumar Dadhich Vs. State of Rajasthan reported
in (2009) 2 SCC 706, Union of India v. B. Valluvan reported in
(2006) 8 SCC 686 and Raj Rishi Mehra & Ors. Vs. State of Punjab
& Anr. reported in (2013) 12 SCC 243, and the circulars issued by
the Government of Rajasthan, Department of Personnel dated
19.07.2001 bearing No. F.7(2)/DOP/A-2/81 Pt. and Øekad i-7 ¼2½
dkfeZd@d&2@81 ikVZ dated 13.01.2016 passed by jktLFkku ljdkj dkfeZd ¼d&2½ foHkkx,
whereby it is made unambiguous that qua the selection process for any
public service examination, the waiting/reserved list lapses after a span
of six months from the date of its issuance, and if appointments are
already made, then no judicial interference can be made at a belated
stage.
6. Accordingly, the present petition is dismissed in light of ratio
passed in Om Prakash Ghiya (supra) which shall be treated as a part
and parcel of the present judgment. Additionally, petitioner(s) will be at
liberty to take appropriate legal recourse, if facts are otherwise. Pending
applications, if any, shall stand disposed of.
(SAMEER JAIN),J
DEEPAK/274
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