- (1.) BY advertisement dated 17.11.2003 the respondents invited applications from eligible candidates to be considered for appointment as Teacher Gr.II. The petitioner faced the process of selection but was not selected.
(2.) THE respondents under an order dated 22.9.2006 provided appointment to four persons as a consequent to the process of selection referred above, however, three persons to whom appointment was offered did not join their duties, as such, on 26.3.2007 three persons including one Ms. Rachna Joshi were offered appointment. Ms. Rachna Joshi also did not join the service. THE petitioner subsequent thereto in the year 2008 filed a petition for writ before Jaipur Bench of this Court claiming appointment on the post of Teacher Gr.II against the vacancy that remained unfilled due to non-joining of Ms. Rachna Joshi. THE writ petition aforesaid came to be disposed of on 05.1.2009 with the following observations :- "Having considered the submissions made by the learned counsel for the petitioner and upon careful perusal of Annex-2, communication dated 30.6.2008, this Court deems it fit to advise the petitioner to submit a representation before the authority concerned and the respondents are expected to consider the same if the candidate Rachna Joshi has not joined the services. Even otherwise also, if the respondent found the petitioner eligible for the aforesaid post, her candidature be considered for the purposes of giving appointment to the petitioner. With these observations, the writ petition stands disposed of." In pursuant to the observation referred above, the petitioner submitted a representation to the respondents, but that came to be rejected by the Dy. Director, Department of Education (Secondary), Bikaner Zone, Churu on 12.4.2011 with assertion that the select list prepared in pursuant to the process of selection initiated under the advertisement dated 17.11.2003 stood expired on 31st March of the forthcoming educational sessions. Being aggrieved by the decision of Dy. Director, Department of Education (Secondary), Bikaner Zone, Churu, this petition for writ is preferred. The submission of learned counsel for the petitioner is that once a direction was given by this Court to consider candidature of the petitioner for appointment against the vacancy that remained unfilled due to non-joining of Ms. Rachna Joshi, the respondents should have considered the petitioner's candidature irrespective of expiry of the select list. It is also submitted that when Ms. Rachna Joshi did not join the duties, the respondents should have considered the candidature of the petitioner on that day itself, meaning thereby on 26.3.2007 when the select list was in currency. I do not find any merit in the arguments advanced. As per Rule 20 of the Rajasthan Educational Service Rules, 1970 (hereinafter referred to as 'the Rules of 1970') the Rajasthan Public Service Commission or the Committee that approved the select list may on requisition recommend names of the candidates placed in select list in the order of merit to the appointing authority within six months from the date on which the original list is forwarded by the Commission or the Committee concern to the appointing authority. In the instant matter, the original list was sent in the month of June, 2006 and, as such, by the force of Statute the list concern stood expire by afflux of time. No recommendation for appointment on the basis of expired select list could have been made by the respondents for appointment. It is also relevant to note that appointment was offered to Ms. Rachna Joshi on 26.3.2006 and she had an opportunity to join the service within a period of fifteen days from the date aforesaid. No order of appointment could have been issued before expiry of fifteen days from 26.3.2006, as such, the claim of petitioner that right accrued to her on 26.3.2006 is absolutely misconceived. I do not find any wrong with the communication dated 12.4.2011 passed by the Dy. Director, Department of Education (Secondary), Bikaner Zone, Churu. The writ petition, thus, is having no force, hence dismissed. ;