Devendra Kumar Vs Staff Selection Commission — Rajasthan HC (2025) — LawSathi Research

Devendra Kumar Vs Staff Selection Commission — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the writ petition survives at all, given that the 2011 selection process has concluded with appointments made, a subsequent fresh recruitment has been completed, and no vacant seats/posts remain. +1 more

Court's answer

The identical lis is no more res integra, having already been adjudicated in Om Prakash Ghiya (SBCWP No. 2706/2000, judgment dated 13.02.2025); the ratio of that judgment is applicable to, and is treated as part and parcel of, the present judgment on the basis of which the petition is dismissed.

Ratio / Principle

Qua the selection process for any public service examination, the waiting/reserved list lapses after six months from the date of its issuance, and where appointments have already been made, no judicial interference can be made at a belated stage; the Court adopts this ratio from the relied-upon precedents and the Rajasthan Department of Personnel circulars.

Detailed headnote1 paragraphs

Rajasthan HC (Jaipur Bench), S.B. Civil Writ Petition No. 3355/2012, decided 07/03/2025 by Justice Sameer Jain — DISMISSED. The petitioner, an applicant under the 2011 recruitment for the post of Multi Tasking Staff conducted pursuant to an advertisement assailed in this petition, challenged the selection process after it had concluded with all consequential appointments made and after a subsequent fresh advertisement/selection process had also run its course, leaving no vacant seats/posts. Relying on Om Prakash Ghiya Vs. State of Raj. & Ors. (SBCWP No. 2706/2000, judgment dated 13.02.2025) — whose ratio is expressly treated as a part and parcel of the present judgment — together with 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 the 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 six months from issuance, and where appointments have already been made no judicial interference is permissible at a belated stage. Counsel for the petitioner was unable to refute these contentions or substantiate availability of seats or survival of the lis; pending applications stood disposed of.

[2025:RJ-JP:11088]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 3355/2012

Devendra Kumar S/o Shri Duli Chand, Village Tuhiya Patti Pura Ucchain, Post Andhiari, Tehsil Roopwas, Distt. Bharatpur Roll No. 2403500667

----Petitioner

Versus

The Staff Selection Commissioner N.r. Through Under Secretary Block No. 12, C.g.o. Complex, Lodhi Road, New Delhi 1100504

----Respondent

For Petitioner(s) : Mr. Rajeev Sogarwal For Respondent(s) : Mr. Devesh Yadav

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 2011 wherein the petitioner(s) has/have applied for the post of Multi Tasking Staff.

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:11088]

[CW-3355/2012]

(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 /163