Prem Chand Vs State Power and Energors — Rajasthan HC (2025) — LawSathi Research

Prem Chand Vs State Power and Energors — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner, who applied for the post of Technical Helper in the 2011 advertisement/selection/recruitment process — a process now concluded with appointments made, a fresh subsequent recruitment completed, and no vacant posts available, and whose identical lis has already been adjudicated — is entitled to any appointment or judicial interference at this belated stage.

Court's answer

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; if appointments are already made, then no judicial interference can be made at a belated stage (principle drawn from the relied-upon precedents and Rajasthan Government circulars and applied to dismiss the petition).

Ratio / Principle

The present lis/identical lis is no longer res integra and has already been adjudicated vide judgment dated 13.02.2025 in SBCWP No. 2706/2000 (Om Prakash Ghiya Vs. State of Raj. & Ors.).

Key takeaways

The ratio adjudicated in Om Prakash Ghiya (supra) can be made applicable to the present petition, and is treated as a part and parcel of the present judgment.ratio¶19

Detailed headnote1 paragraphs

Writ petition by Prem Chand, who had applied for the post of Technical Helper pursuant to an advertisement/selection/recruitment process initiated in 2011, challenging that process. By the time of hearing the selection process stood concluded with consequential appointments made, a subsequent fresh recruitment had run its course, and no vacant seats/posts remained. The court found the lis no longer res integra, the identical lis having been adjudicated on 13.02.2025 in S.B. Civil Writ Petition No. 2706/2000 (Om Prakash Ghiya Vs. State of Raj. & Ors.), whose ratio it made applicable and treated as part and parcel of the present judgment. 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 Rajasthan Government circulars dated 19.07.2001 (No. F.7(2)/DOP/A-2/81 Pt.) and 13.01.2016, the court held that the waiting/reserved list for a public service examination lapses six months from issuance and, appointments having been made, no judicial interference can be made at a belated stage. Petitioner's counsel could not refute these contentions or substantiate availability of seats/survival of the lis. Petition dismissed; pending applications disposed of. (Sameer Jain, J., 18/02/2025)

[2025:RJ-JP:8036]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 12468/2012

Prem Chand S/o Jawahar Singh, Village Sikrora,tehsil Kumher, District Bharatpur

----Petitioner

Versus

The State Of Rajasthan Through Its Secretary, Power And Energy Department, secretariat, Jaipur

The Convener And Controller, Exam, the Chairman Cum Managing Director, Jodhpur Vidyut Nigam Limited, Jodhpurraj.

The Secretary (Admn.) Jodhpur Vidhyut Vitran Nigam Limited, New Power House,industrial Area, Jodhpurraj. ----Respondents

For Petitioner(s)	: Mr.	Ram PratapSaini
For Respondent(s)	: Mr.	SandeepTaneja,AAG

HON'BLE MR. JUSTICE SAMEER JAIN Judgment

18/02/2025

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 2011 wherein the petitioner(s) has/have applied for the post of Technical Helper.

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:8036]

[CW-12468/2012]

(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 /175