SHRADHANAND KASHYAP v. STATE PANCHAYATI RAJ DEP ANR
CW/7942/2013 · 2025-03-11
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18411 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18411 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:11211] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7942/2013 Shradhanand Kashyap S/o Shri Harimohan Kashyap B/c Kashyap, Bhoi Mohalla, Topkhana Road, Jhalawar Raj. ----Petitioner Versus
1. State Of Rajasthan Through Prinicpal Secretary, Rural Development And Panchayati Raj Department, Go, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Jhalawar Raj. ----Respondents For Petitioner(s) : Mr. R.D. Meena For Respondent(s) :
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 11/03/2025
1.
Learned counsel for the petitioner has submitted that respondents vide advertisement dated 03.12.2010 invited applications for the post of Gramsevak. It is further submitted that in the Year 2013 three seats were lying vacant for the said post under OBC category. 2. Further, it is submitted that stay application filed by the petitioner was dismissed vide order dated 08.01.2014. Additionally, relying upon the ratio encapsulated in State of UP Vs. Ram Swarup Saroj reported in (2000) 3 SCC 699, it is submitted that rights of the petitioner should not be prejudiced. 3. Per contra, learned counsel for the respondent has submitted that, as on date, selection process qua the said post is concluded and no seats are lying vacant. It is further submitted that
[2025:RJ-JP:11211] (2 of 3) [CW-7942/2013] reservation list can be operated for a maximum period of one year after the selection process is concluded. 4. Further, it is submitted that petitioner has not impleaded the less meritorious candidates as a party, who are alleged to have prejudiced the rights of the petitioner. 5. Heard and considered. 6. Considering the arguments advanced by the learned counsel for the parties, upon perusal of the records, this Court has made the following observations: -
6.1. That the matter pertains to the Year 2013 and advertisement for the said post was issued in the Year 2010. 6.2. That stay application in the instant matter was dismissed in the year 2014 and no interim order was passed in favor of the petitioner. 6.3. That when the heard today, i.e., in the Year 2025, it is apprised to this Court that entire selection process qua the said post is concluded, no seats are lying vacant and fresh recruitment qua the said post is carried out. 6.4. That judgment relied upon by the petitioner has no application in the instant matter. 6.5. That reservation list can be maintained for a maximum period of one year from the conclusion of the selection process. 7. 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.
[2025:RJ-JP:11211] (3 of 3) [CW-7942/2013] 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. 8. Accordingly, the instant petition stands dismissed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/63