BHUPENDRA KUMAR v. RAJ STATE POLLUTION CONTROL ANR
CW/14507/2011 · 2025-03-07
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10024 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10024 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:11226] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14507/2011 Bhupendra Kumar ----Petitioner Versus Raj State Pollution Control & Anr. ----Respondents For Petitioner(s) : Mr. Mukesh Kumar Meena For Respondent(s) : Mr. Sandeep Sharma, Dy. G. C.
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 07/03/2025
1. At the outset, learned counsel appearing for the respondents have submitted that the present petition is filed assailing an/a advertisement/selection/recruitment process initiated in the year 2011 wherein the petitioner(s) has/have applied for the post of LDC.
2. Subsequently, it is apprised that ever since issuance of the said advertisement/recruitment process much water has flown and as on date the impugned selection process is already over with all its consequential appointments being granted/made. Nevertheless, a subsequent fresh advertisement/selection process was also initiated and culminated. Thence, it can be deduced that as on date, no vacant seats/posts are available.
3. Lastly, it is apprised that the present lis/identical lis is no more res integra and is already adjudicated vide judgment dated 13.02.2025 passed in SBCWP No. 2706/2000 titled as Om Prakash Ghiya Vs. State of Raj. & Ors. Therefore, the said ratio can be made applicable to the present petition also.
[2025:RJ-JP:11226] (2 of 2) [CW-14507/2011]
4.
Learned counsel appearing for the petitioner(s) is unable to refute the aforementioned contentions or substantiate the availability of seats/ survival of the lis in hand.
5. In pursuance of the contentions noted insofar, this Court deems it apposite to place reliance upon the ratio encapsulated in State of Orissa & Anr. v. Raj Kishore Nanda & Ors. reported in (2010) 6 SCC 777, Girdhar Kumar Dadhich Vs. State of Rajasthan reported in (2009) 2 SCC 706, Union of India v. B. Valluvan reported in (2006) 8 SCC 686 and Raj Rishi Mehra & Ors. Vs. State of Punjab & Anr. reported in (2013) 12 SCC 243, and the circulars issued by the Government of Rajasthan, Department of Personnel dated 19.07.2001 bearing No. F.7(2)/DOP/A-2/81 Pt. and Øekad i-7 ¼2½ dkfeZd@d&2@81 ikVZ dated 13.01.2016 passed by jktLFkku ljdkj dkfeZd ¼d&2½ foHkkx, whereby it is made unambiguous that qua the selection process for any public service examination, the waiting/reserved list lapses after a span of six months from the date of its issuance, and if appointments are already made, then no judicial interference can be made at a belated stage.
6. Accordingly, the present petition is dismissed in light of ratio passed in Om Prakash Ghiya (supra) which shall be treated as a part and parcel of the present judgment. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J Pooja /101