BHANDARI, J. - (1.) THE Rajasthan Public Service Commission (for short "the RPSC") issued an advertisement for the post of Veterinary Officer. The petitioners applied for the selection and could find place in the reserve list at serial Nos.6 and 8. '
(2.) THE grievances of the petitioners are two fold. The first grievance is that against the candidates, who failed to join service after selection, the respondents should have exhausted reserve list, however, they failed to do so, inasmuch as, initially four candidates failed to join the post, which were then filled by the candidates from reserve list. Four other candidates further failed to join the post, however, against those vacancies, reserve list was not utilized on an erroneous ground that life of panel prepared by the RPSC lapsed in between. The second grievance of the petitioners is in regard to non -utilization of unfilled reserve seats of Scheduled Caste (for short "SC") and Scheduled Tribes (for short "ST") candidates despite of fact that those posts were of the year 1998 -99 and accordingly, if eligible candidates from that category were not available then to be filled -up by normal procedure. A reference of the advertisement dated 18.11.2006 (Annex.9) has been given wherein in first part of note, 69 posts posts for SC and ST were shown to be backlog of year 1998 -99. Out of those backlog vacancy of year 1998 -99, only 55 posts could be filled leaving 14 posts. In fact, those posts should have been lapsed from reserved then and there in view of the prevalent provisions till 10.10.2002, as reserve post cannot carry forward beyond a period of three years. In any case, even if that was carry forward for the next recruitment of year 2008, then in event of non -availability of candidate from SC and ST to the size of the backlog vacancies, it should have been filled -up by normal procedure, specially those vacancies which were of period prior to 10.10.2002. To strengthen the arguments, a reference of Circular dated 22.06.2004 is made. It is provided that any vacancy coming after Notification dated 10.10.2002, the post reserved for SC and ST is not to be filled by normal procedure on non -availability of reserve caste candidate. Prior to the Notification dated 10.10.2002, the Rules were to the effect that reserved left out vacant post to be filled by normal procedure with an arrangement to carry forward those post upto next three recruitment years. The aforesaid rule was applicable till 10.10.2002, thus vide Circular dated 22.06.2004, it was clarified that earlier posts should be filled as per rule then existing. The respondents however failed to apply aforesaid Circular, thus petitioners were deprived to get appointment despite their merit. The writ petition was filed before expiry of six months after issuance of panel.
(3.) THE Office Incharge, on the other hand submits that after issuance of panel, four posts remained vacant on account of non -joining of candidates, accordingly requisition was sent on 16.07.2009 for sending names of three general caste candidates and one OBC candidate. Copy of requisition so sent to the RPSC has been enclosed at Annex.R -2/2. It is stated that those posts were filled from the reserve list. It is admitted that against four more posts also, candidates did not join but they were granted six months' extension for joining and extended period of their joining came after expiry of the life of panel, thus requisition for four more names from the reserve list was not sent to the RPSC. If the four such posts are ordered to be filled -up from reserve list then it is no doubt that petitioners' names come therein as they stand at serial Nos. 6 and 8 and four posts from the reserve list have already been filled.;