Sultan Gurjar Vs State Education Departmentors — Rajasthan HC (2025) — LawSathi Research

Sultan Gurjar Vs State Education Departmentors — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner, who had applied under the 2008 advertisement/selection/recruitment process for the post of Prabodhak, can obtain any appointment or judicial intervention at a belated stage, given that the impugned selection concluded with consequential appointments, a subsequent fresh recruitment also culminated, and no vacant seats/posts remain. +1 more

Court's answer

The present/identical lis is no longer res integra, having been adjudicated vide judgment dated 13.02.2025 passed in SBCWP No. 2706/2000 (Om Prakash Ghiya Vs. State of Raj. & Ors.), and the said ratio is made applicable to the present petition.

Ratio / Principle

This Court deems it apposite to rely on the ratio (per the cited precedents and the Rajasthan Department of Personnel circulars of 19.07.2001 and 13.01.2016) that qua the selection process for any public service examination, the waiting/reserved list lapses after six months from the date of its issuance, and once appointments are already made, no judicial interference can be made at a belated stage.

Key takeaways

As on date no vacant seats/posts are available: the impugned 2008 selection process is already over with all its consequential appointments being granted/made, and a subsequent fresh advertisement/selection process was also initiated and culminated.ratio¶14
The present petition is dismissed in light of the ratio passed in Om Prakash Ghiya (supra), which judgment shall be treated as a part and parcel of the present judgment; pending applications, if any, stand disposed of.ratio¶21

Detailed headnote1 paragraphs

High Court of Judicature for Rajasthan, Jaipur Bench (Hon'ble Mr. Justice Sameer Jain), by judgment dated 07/03/2025 in S.B. Civil Writ Petition No. 15118/2011 (Sultan Gurjar v. State Education Department & ors.), dismissed a challenge to the 2008 advertisement/selection/recruitment process for the post of Prabodhak. Placing reliance on State of Orissa & Anr. v. Raj Kishore Nanda & Ors. (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 & Ors. v. State of Punjab & Anr. (2013) 12 SCC 243, together with the Government of Rajasthan, Department of Personnel circulars dated 19.07.2001 (No. F.7(2)/DOP/A-2/81 Pt.) and dated 13.01.2016, the Court held that qua selection processes for public service examinations the waiting/reserved list lapses six months after issuance and no judicial interference can be made at a belated stage once appointments are already made. Since the impugned selection had concluded with consequential appointments, a subsequent fresh recruitment had also culminated, and no vacant seats/posts remained, and since the identical lis had already been adjudicated vide judgment dated 13.02.2025 in Om Prakash Ghiya v. State of Raj. & Ors. (SBCWP No. 2706/2000), the petition was dismissed with that judgment treated as part and parcel of the present judgment; pending applications stood disposed of. Counsel for respondents: Mr. B. S. Chhaba, AAG; no appearance for petitioner.

[2025:RJ-JP:11241]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 15118/2011

Sultan Gurjar

----Petitioner

Versus

State Education Department & ors

----Respondents

For Petitioner(s) : None For Respondent(s) : Mr. B. S. Chhaba, AAG

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 Prabodhak.

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 13.02.2025 passed in SBCWP No. 2706/2000 titled as Om

[2025:RJ-JP:11241]

[CW-15118/2011]

(2 of 2)

Prakash Ghiya Vs. State of Raj. & Ors. Therefore, the said ratio can be made applicable to the present petition also.

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 /105