- (1.) By these writ petitions, a challenge is made to the Circular dated 11th August, 2014 whereby the respondents permitted appointment of selected candidates at the place where they are undertaking DM/MCH course.
(2.) Learned counsel submits that after selection to the post of Assistant Professor in General Medicine in pursuance to the advertisement dated 26th November, 2011, the result was declared by Rajasthan Public Service Commission, Ajmer (for short "RPSC"). The petitioners were placed in waiting list. The State Government issued two orders for appointments. The appointment was given to 12 candidates vide order dated 25th February, 2014 and on the same date, another appointment order in favour of 14 candidates was issued. It is alleged that many candidates out of them did not join the posts, thus those posts should have been made available to the candidates in waiting list. The respondents failed to operate waiting list, rather during the midst of selection, change the rule of the game to accommodate those who are undertaking DM and MCH course. Five candidates have not joined the post and four candidates have been accommodated vide circular dated 11th August, 2014. Their joining has been extended till undertaking DM/MCH course. The action of the respondents in issuing the Circular dated 11th August, 2014 and not to operate the waiting list against the post, on which, joining was not given by selected candidates, be declared to be illegal. In view of the above, while quashing the Circular dated 11th August, 2014, the respondents be directed to operate the waiting list to the extent, the post remained unfilled on account of non-joining of the candidates given appointment.
(3.) Learned counsel, appearing for the State Government and the RPSC, have contested the petitions. It is submitted that allegations for giving appointment to 28 candidates is not correct. In fact, only 26 candidates were given appointment. Four posts would be filled subject to verification of documents of selected candidates and on completion of all the formalities and three posts have been kept vacant in pursuance to the interim order of the High Court. It is also stated that all the candidates have joined the post with the adjustment of their posting at the same place where they are undertaking DM/MCH course, thus it is not correct to state that extension to join the post has been given to those candidates, rather Circular was issued to give posting to selected candidates at the same place where they are undertaking higher course. In view of the above, it is incorrect to state that any candidate given appointment has failed to join the post. The Circular dated 11th August, 2014 does not change the rule of game in its midst, rather it was issued much after declaration of the result. It is only to arrange the posting for selected candidates. The judgment of Apex Court in the case of K. Manjushree Vs. State of Andhra Pradesh & Anr, 2008 3 SCC 512 does not apply to the facts of this case.;