Pramod Meena Vs a v v N Ltd. and Ors. — Rajasthan HC (2025) — LawSathi Research

Pramod Meena Vs a v v N Ltd. and Ors. — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether, in a public service selection where the waiting/reserved list lapses six months from issuance and appointments (including a subsequent fresh process) are complete with no vacant posts, judicial interference can still be made at a belated stage. +1 more

Court's answer

This Court deems it apposite to place reliance on the ratio in State of Orissa v. Raj Kishore Nanda, Girdhar Kumar Dadhich, Union of India v. B. Valluvan and Raj Rishi Mehra, and on the Rajasthan Department of Personnel circulars dated 19.07.2001 and 13.01.2016, whereby it is unambiguous that qua the selection process for any public service examination the waiting/reserved list lapses after six months from issuance, and if appointments are already made, no judicial interference can be made at a belated stage.

Ratio / Principle

Learned counsel appearing for the petitioner was unable to refute the respondents' aforementioned contentions or substantiate the availability of seats or survival of the lis in hand.

Key takeaways

The present petition is dismissed in light of the ratio passed in Om Prakash Ghiya (supra), which shall be treated as a part and parcel of the present judgment; pending applications, if any, stand disposed of.ratio¶24

Detailed headnote1 paragraphs

S.B. Civil Writ Petition No. 10165/2011 (decided 06/03/2025, Sameer Jain, J.): Writ petition by a candidate who had applied for the post of Junior Accountant in a 2010 advertisement/selection/recruitment process. Respondents submitted that the impugned selection process was over with all consequential appointments made, a subsequent fresh selection process had also culminated leaving no vacant seats/posts, and the identical lis stood adjudicated on 13.02.2025 in Om Prakash Ghiya Vs. State of Raj. & Ors., SBCWP No. 2706/2000. Placing reliance on State of Orissa & Anr. v. Raj Kishore Nanda & Ors. (2010) 6 SCC 777, Girdhar Kumar Dadhich Vs. State of Rajasthan (2009) 2 SCC 706, Union of India v. B. Valluvan (2006) 8 SCC 686, Raj Rishi Mehra & Ors. Vs. State of Punjab & Anr. (2013) 12 SCC 243, and Government of Rajasthan, Department of Personnel circulars dated 19.07.2001 (No. F.7(2)/DOP/A-2/81 Pt.) and 13.01.2016, the Court held that qua any public service examination the waiting/reserved list lapses after six months from issuance and, appointments having been made, no judicial interference can be made at a belated stage. Counsel for the petitioner was unable to substantiate availability of seats or survival of the lis. Petition dismissed; the Om Prakash Ghiya ratio treated as part and parcel of this judgment; pending applications disposed of.

[2025:RJ-JP:10504]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 10165/2011

Pramod Meena Son Of Shri Ramji Lal, Gram Post Sewa, Via Vajirpur, Tehsil Gangapurcity, District Sawaimadhopur Raj..

----Petitioner

Versus

Ajmer Vidyut Vitran Nigam Limited Through Its Chief Account Officer Rnc, Hathi Bhata Power House, Jaipur Road, Ajmer

Rajastahan Rajya Vidyut Prasaran Nigam Limited, Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur

Krishan Kumar Meena Son Of Shri Prabhu Dayal Meena, Jaisingh Property, Goner Road, Badi Ka Bas, Near Chaukhi Dhani On Tonk Road, Bilwa, Tehsil Sanganer, Jaipur

Ishwar Lal Meena Son Of Shri Mohan Lal, Post Luhariya Tehsil Pratapgarh

----Respondents

For Petitioner(s) For Respondent(s)

: Mr. Manoj Bhardwaj : Mr. Abhishek Sharma

HON'BLE MR. JUSTICE SAMEER JAIN Judgment

06/03/2025

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 2010 wherein the petitioner(s) has/have applied for the post of Junior Accountant.

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.

Lastly, it is apprised that the present lis /identical lis is no more res integra and is already adjudicated vide judgment dated

[2025:RJ-JP:10504]

[CW-10165/2011]

(2 of 2)

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.

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.

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. Pending applications, if any, shall stand disposed of.

(SAMEER JAIN),J

Pooja /131