Prabha Bansal Vs R P S C Ajmer and Anr. — Rajasthan HC (2025) — LawSathi Research

Prabha Bansal Vs R P S C Ajmer and Anr. — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner is entitled to any relief under the 2008 selection/recruitment process for the post of Teacher Grade II (Social Science) when the selection process has concluded, consequential appointments have been made, a fresh subsequent selection has culminated, and no vacant seats/posts remain. +1 more

Court's answer

Learned counsel for the petitioner was unable to refute the respondents' contentions or substantiate the availability of seats or survival of the lis; the identical lis stands adjudicated in Om Prakash Ghiya (supra), whose ratio is applicable to the present petition.

Ratio / Principle

As per the relied-upon Supreme Court ratios and the Government of Rajasthan Department of Personnel circulars dated 19.07.2001 and 13.01.2016, the waiting/reserved list for a public service examination lapses six months from issuance, and once appointments are made, no judicial interference can be made at a belated stage.

Key takeaways

The ratio in Om Prakash Ghiya (supra) shall be treated as a part and parcel of the present judgment, and pending applications, if any, stand disposed of.ratio¶¶22

Detailed headnote1 paragraphs

Writ petition challenging the 2008 advertisement/selection/recruitment process for the post of Teacher Grade II (Social Science). The Court recorded that the impugned selection process had concluded with consequential appointments, that a subsequent fresh selection process had also been initiated and culminated leaving no vacant seats/posts, and that the identical lis stood adjudicated by judgment dated 13.02.2025 in SBCWP No. 2706/2000, Om Prakash Ghiya Vs. State of Raj. & Ors. Placing reliance on 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, and on Government of Rajasthan, Department of Personnel circulars dated 19.07.2001 (No. F.7(2)/DOP/A-2/81 Pt.) and 13.01.2016, whereby the waiting/reserved list for a public service examination lapses six months from issuance and no belated judicial interference lies once appointments are made, the Court dismissed the petition, treating the Om Prakash Ghiya ratio as part and parcel of the judgment.

[2025:RJ-JP:10921]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 14275/2011

Prabha Bansal D/o Late Shri Brij Mohan Bansal, 26, Adarsh Nagar, Gali No. 3, Ajmer Road, Beawar District Ajmer

----Petitioner

Versus

1. Rajasthan Public Service Commission Through Its Secretary, Jaipur Road, Ajmer

1. State Of Rajasthan Through Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur

----Respondents

For Petitioner(s)	: Mr.	Gaurav Sharma
For Respondent(s)	: Ms.	Namita Parihar, Dy. G. C.

HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

07/03/2025

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 2008 wherein the petitioner(s) has/have applied for the post of Teacher Grade II (Social Science).

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:10921]

[CW-14275/2011]

(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 /97