Alok Sharma, J. - (1.) IN the aforesaid two petitions, the petitioners seek appointment to the post of Lecturer Civil Engineer in the Department of Technical Education as per their merit in the waiting list of their respective categories against the vacancies remaining unfilled on account of the candidates in the select list offered appointment, not joining.
(2.) THE facts of the case are that the Rajasthan Public Service Commission (hereinafter "RPSC") vide advertisement No. 07/2011 -12 invited applications for recruitment on 62 posts of Lecturer Civil Engineer in Technical Education (Engineering) Department in the pay scale of Rs. 15,600 - - 39,100. The petitioners being eligible applied. RPSC selected 62 candidates in order of merit. It also prepared a waiting list to an extent of 50% of selected candidates as per Rule 25 of the Rajasthan Technical Education (Engineering) Service Rule, 2010 (hereinafter "the Rules of 2010"). The petitioner - - Ravindra Purohit's name was placed in the waiting list of general category at serial No. 1 and that of the petitioner - - Hukmi Chand (SBCWP No. 2940/2015) in the waiting list for SC category at serial No. 1. In the main select list of 62 candidates, one Mohammad Sarif Bhati appearing at merit No. 31 in general category declined to accept the appointment and in fact filed an affidavit to that effect. Similarly three candidates i.e. Ramesh Parihar, Devendra Singh and Vijai Kumar Sakuria offered appointment from the select list in SC category also did not join. These facts are not disputed. Rule 25 of the Rules of 2010 provides as under: "25. Recommendations of the Commission: - The Commission shall prepare a list of the candidates whom they consider suitable for appointment to the post(s) concerned and arrange in the order of merit. The Commission shall forward the list to the Government: Provided that the Commission may, to the extent to 50% of the advertised vacancies, keep names of suitable candidate on the reserve list. The names of such candidates may, on requisition, be recommended in the order of merit to the Government within six months from the date on which the original list is forwarded by the Commission to the Government."
(3.) THE case of the petitioners is that the candidates offered appointment in general category as also S.C. Category from the select list of 62 candidates not having joined and expressed their intention clearly before the expiry of six months from the date of recommendation by RPSC, it was incumbent upon the State Government to make an offer against the unfilled vacancies for appointment to the petitioners in their respective categories. It has been submitted that in the case of the petitioner - -Ravindra Purohit, an application was made by him on 25.04.2014 seeking appointment to the vacant post in general category, for reason of refusal of the selected candidate, by virtue of being No. 1 in the waiting list in that category, yet to no avail. The petitioner - -Hukmi Chand however made an application only on 09.02.2015 on the fact of vacancies in his category for non -joining of the selected candidate, Ramesh Parihar, Devendra Singh and Vijai Kumar Sakuria, coming to his notice. He sought appointment to the vacant post in SC category by virtue of being No. 1 in the waiting list in that category. No response emanated from the State Government. Hence these petitions. On 02.02.2015 and 27.02.2015 respectively.;