Dismissed¶41

Sandeep Mishra v. State of Raj and Ors.

Rajasthan HC13 Feb 2025CW/12904/2010

Case brief

AI extract

What is this about?

Old/stale recruitment matter (Code 515 bunch, Rajasthan HC Jaipur, Sameer Jain, J., 13/02/2025): 2008 advertisement for Teacher Grade – III (Sanskrit); recruitment process over, consequential appointments made, no vacant seats; reserved/waiting list lapses after six months per Rajasthan DOP circulars dated 19.07.2001 and 13.01.2016; select list/panel life and non-entitlement of waiting-list candidates as of right (per quoted Supreme Court judgments incl. Raj Kishore Nanda, Girdhar Kumar Dadhich, B. Valluvan, Raj Rishi Mehra); petition dismissed as infructuous with liberty to pursue legal recourse if facts differ.

What did the court decide?

No substantive relief; petitioner at liberty to take appropriate legal recourse if the facts are otherwise; stay application and/or other pending applications disposed of. ¶41

Sandeep Mishra Vs State of Raj and Ors. — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; petitioner at liberty to take appropriate legal recourse if the facts are otherwise; stay application and/or other pending applications disposed of.

¶41

Issue for consideration

Whether the writ petition survives for adjudication where the 2008 recruitment process for Teacher Grade – III (Sanskrit) stands concluded with consequential appointments made, and the reserved/waiting list has lapsed after six months under the Government of Rajasthan circulars.

¶18

Court's answer

With efflux of time the lis in question does not survive: the waiting/reserve list has lapsed under the unchallenged circulars and consequential appointments have already been made since the impugned advertisement.

¶41

Ratio / Principle

As per the circulars of the Government of Rajasthan, Department of Personnel (not assailed till date), the reserved/waiting list for public recruitment examinations lapses after a period of six months.

¶18

Key takeaways

Learned counsel for the petitioner was neither able to refute the respondents' contentions nor moved any application supported by evidence to substantiate availability of seats or survival of the lis.ratio¶19

Detailed headnote1 paragraphs

S.B. Civil Writ Petition No. 12904/2010 (bunch-listed under Code 515 pursuant to order dated 16.01.2025 in SBCWP No. 13880/2024) concerned recruitment by advertisement issued in 2008 for the post of Teacher Grade – III (Sanskrit). The respondents submitted that the selection process stood concluded with consequential appointments made, fresh recruitments initiated in certain matters, and no vacant seats available; petitioner's counsel could not refute this nor substantiate seat availability. Placing reliance on unchallenged Government of Rajasthan, Department of Personnel circulars dated 19.07.2001 (No. F.7(2)/DOP/A-2/81 Pt.) and 13.01.2016 — under which the reserved/waiting list for public recruitment examinations lapses after six months — and on Supreme Court decisions in State of Orissa v. Raj Kishore Nanda (2010) 6 SCC 777, Girdhar Kumar Dadhich v. State of Rajasthan (2009) 2 SCC 706, Union of India v. B. Valluvan (2006) 8 SCC 686 and Raj Rishi Mehra v. State of Punjab (2013) 12 SCC 243, Sameer Jain, J. held that with efflux of time the lis does not survive and dismissed the petition as rendered infructuous, leaving the petitioner at liberty to take appropriate legal recourse if the facts are otherwise; pending stay/other applications stand disposed of.

¶1

[2025:RJ-JP:7677]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 12904/2010

Sandeep Mishra

----Petitioner

Versus

State Of Raj And Ors

----Respondent

For Petitioner(s) : Mr.Rajveer Singh Mr.PL Saini For Respondent(s) : Ms.Manju Joshi, AGC Mr.Digvijay Singh for Mr.Ashish Kumar

¶10

HON'BLE MR. JUSTICE SAMEER JAIN Judgment

¶11

13/02/2025

¶12

In compliance of the directions of the Court as encapsulated in order dated 16.01.2025 passed in SBCWP No. 13880/2024, registry has listed the bunch of matters pertaining to old/stale recruitment/ selection process before the Court under Code 515.

¶13

When the present petition was listed on the erstwhile date (in a bunch of petitions under Code 515, on the directions of the Court) the counsel representing various party-petitioners with associate and other advocates were granted liberty to put-forth their contentions qua survival of the lis in hand, as the counsel representing the respondents (AAGs, AGCs, Panel Counsel) have apprised the Court that the impugned recruitment process is already over alongwith consequential appointments being made, moreover, in certain matters subsequent fresh recruitment(s) is/are initiated and as on date, no vacant seats are available.

¶14

Today when the matter is up on board (after granting reasonable time to the petitioners to apprise the Court with availability of seats), it is submitted by the counsel representing the respondents that the matter pertains to the recruitment qua which an advertisement was issued in the year 2008 for the post of Teacher Grade – III (Sanskrit). It is further submitted that the impugned selection/recruitment process is already over and as per the contents of the circulars issued by the Government of

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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, it can be deduced that the reserved/waiting list qua the public recruitment examinations, lapses after a period of six months. Therefore, the lis in question does not survive.

¶19

Learned counsel appearing for the petitioner is neither able to refute the aforementioned contentions, nor has moved any application(s) supported by evidences, to substantiate the availability of seats/ survival of the lis in hand.

¶20

In light of the foregoing facts and circumstances of the instant matter, the contentions made by the learned counsel for the parties, this Court is of the view that with efflux of time the lis in question does not survive. Additionally, reliance can be placed upon the catena of judgments passed by the Hon’ble Supreme Court, a few of them are reproduced herein below:

¶21

5.1 State of Orissa & Anr. v. Raj Kishore Nanda & Ors. reported in (2010) 6 SCC 777 :

¶22

"16. A select list cannot be treated as a reservoir for the purpose of appointments, that vacancy can be filled up taking the names from that list as and when it is so required. It is the settled legal proposition that no relief can be granted to the candidate if he approaches the court after the expiry of the select list. If the selection process is over, select list has expired and appointments had been made, no relief can be granted by the court at a belated stage ."

¶23

(Emphasis laid)

¶24

5.2 Girdhar Kumar Dadhich Vs. State of Rajasthan reported in (2009) 2 SCC 706:

¶25

“ 16. Furthermore, the select list would ordinarily remain valid for one year. We fail to understand on what basis appointments were made in 2003 or subsequently. Whether the validity of the said select list was extended or not is not known. Extension of select list must be done in accordance with law. Apart from a bald statement made in the list

(3 of 4)

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of dates that the validity of the said select list had been extended, no document in support thereof has been placed before us."

¶30

(Emphasis laid)

¶31

5.3 Union of India v. B. Valluvan reported in (2006) 8 SCC

¶32

686:

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"17. The life of a panel ordinarily is one year. The same can be extended only by the State and that too if the statutory rule permits it to do so. The High Court ordinarily would not extend the life of a panel. Once a panel stands exhausted upon filling up of all the posts, the question of enforcing a future panel would not arise. It was for the State to accept the said recommendations of the Selection Committee or reject the same. As has been noticed hereinbefore, all notified vacancies as also the vacancy which arose in 2000 had also been filled up. As the future vacancy had already been filled up in the year 2000, the question of referring back to the panel prepared in the year 1999 did not arise. The impugned judgment, therefore, cannot be sustained."

¶34

(Emphasis laid)

¶35

5.4 Raj Rishi Mehra & Ors. Vs. State of Punjab & Anr. reported in (2013) 12 SCC 243:

¶36

“15. The question whether the candidates whose names are included in the waiting list are entitled to be appointed against the unfilled posts as of right is no longer res integra and must be answered in negative in view of the judgments of this Court in Union of India v. Ishwar Singh Khatri; 1992 Supp (3) SCC 84, Gujarat State Dy. Executive Engineers’ Assn. v. State of Gujarat; 1994 Supp (2) SCC 591, State of Bihar v. Secretariat Asstt. Successful Examinees Union 1986; (1994) 1 SCC 126, Prem Singh v. Haryana SEB; (1996) 4 SCC 319, Ashok Kumar v. Banking Service Recruitment Board; (1996) 1 SCC 283, Surinder Singh v. State of Punjab; (1997) 8 SCC 488, Madan Lal v. State of J&K; (1995) 3 SCC 486, Kamlesh Kumar Sharma v. Yogesh Kumar Gupta; (1998) 3 SCC 45, State of J&K v. Sanjeev Kumar; (2005) 4 SCC 148, State of U.P. v. Rajkumar Sharma; (2006) 3 SCC

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148, Ram Avtar Patwari V. State of Haryana; (2007) 10 SCC 94 and Rakhi Ray v. High Court of Delhi; (2010) 2 SCC 637.”

¶41

In view of the aforementioned, and taking note of the fact that ever since issuance of the impugned advertisement, much water has flown and consequential appointments are already made; that vide the afore-stated circulars, which are not assailed till date, it is unambiguous that the said waiting/reserve list shall lapse, thence, the present petition is dismissed as rendered infructuous.

¶42

However, the petitioner(s) will be at liberty to take appropriate legal recourse, if the facts are otherwise. Stay application and/or any other applications, if pending, shall stand disposed of.

¶43

(SAMEER JAIN),J

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Preeti Asopa /407

Sandeep Mishra v. State of Raj and Ors.

Case brief

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Sandeep Mishra v. State of Raj and Ors.

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