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2007 DIGILAW 1722 (RAJ)

Dilip Singh Panwar v. State of Rajasthan

2007-09-12

ASHOK PARIHAR

body2007
JUDGMENT 1. - Since on same set of facts similar prayers have been made, all the writ petitions have been heard together and are being decided by this common order. 2. An advertisement was issued by the Rajasthan Public Service Commission on 13.09.1995 for recruitment to the post of Stenographer Grade II for the vacancies of the year 1993-1994 and 1994-1995. Initially 301 vacancies were notified in the advertisement. After proper selection a panel of 1076 candidates was prepared by the Commission and the same was sent to the State Government on 15.11.1996. In all 537 candidates out of the panel as per their merit were given appointment to the post in question. Admittedly, the panel so prepared expired on 14.11.1998 after two years as per provisions of the Rajasthan Subordinate Offices Ministerial Staff Rules of 1957. The petitioners have prayed for appointment to the post of Stenographer Grade II from the panel so prepared by the Commission. 3. Admittedly, the panel had already expired on 14.11.1998. No person lower in merit in the panel has been given appointment for the relevant year. There cannot be any dispute that the panel already expired cannot be exhausted for the vacancies of the subsequent years or even for the vacancies unfilled, if any, for the relevant year. This under writ jurisdiction cannot extend the life of a panel under writ jurisdiction until and unless provided under the relevant Rules. Any direction so issued, if any, extending the life of panel would itself violate Article 14 and 16 of the Constitution of India since after expiry of the panel thousands of new aspirants might have become eligible for selection/appointment to the post. It can also not be disputed that mere inclusion in the panel does not give a vested right to a candidate for appointment and even if some administrative decision has been taken by the State Government, it is their own discretion to recommend appointment from the panel, however, that will also be ab-initio void if the appointments are recommended to be made from a panel which had expired as per statutory provisions of the relevant Rules. 4. Having considered entire facts and circumstances, the relief as sought cannot be granted by this under writ jurisdiction. 5. The writ petitions are dismissed accordingly as having no merits.Writ Petitions Dismissed. *******