RAKESH KUMAR AND ORS v. CHAIRMAN STAFF SELECTION COMMI
CW/8908/2014 · 2025-03-12
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22569 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22569 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:12296] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8908/2014
1. Rakesh Kumar S/o Shri Girdhari Lal, Village Rampura Post Rosawan, Tehsil Fethpur, District Sikar, Rajasthan
2. Surendra Kumar S/o Shri Harlal, Village Sunda Ki Dhani, Post Takhalsar, Tehsil Fethpur, District Sikar, Rajasthan
3. Mahipal S/o Shri Rameshwar Singh, Village Jalalsar, Tehsil Fethpur, District Sikar, Rajasthan
4. Babu Lal S/o Shri Shishu Pal Singh, Village Post Jalalsar, Tehsil Fethpur, District Sikar, Rajasthan
5. Manoj Kumar Nehra S/o Shri Mahendra Kumar Nehra, Village Post Harsawa Bada, Tehsil Fethpur, District Sikar, Rajasthan
6. Ratan Singh S/o Shri Chain Singh, Village Karanga Chhota, Post-Karanga Bada,an, Tehsil Fatehpur, District Sikar, Rajasthan
7. Mehara Ram S/o Shri Bheru Ram Kaswa, Village Gouawa Kalyanpura, Post Ranigaon, Tehsil Makarana, District Nagaur, Rajasthan
8. Purna Ram S/o Shri Prema Ram, Village Baladhana, Post Ranigaon, Tehsil Makarana, District Nagaur, Rajasthan
9. Ram Niwas S/o Shri Prema Ram, Village Baladhana, Post Ranigaon, Tehsil Makarana, District Nagaur, Rajasthan ----Petitioners Versus Chairman, Staff Selection Commission Nr, North Region, Block No. 12, CGO Complex, Lodhi Road, New Delhi ----Respondent For Petitioner(s) : None For Respondent(s) : Mr. H. V. Nandwana HON'BLE MR. JUSTICE SAMEER JAIN Judgment 12/03/2025
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 2013 wherein the petitioner(s) has/have applied for the post of Constable (GD) in CAPF and Rifleman (GD) in Aasam Rifles. [2025:RJ-JP:12296] (2 of 3) [CW-8908/2014]
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. 4. 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
[2025:RJ-JP:12296] (3 of 3) [CW-8908/2014] are already made, then no judicial interference can be made at a belated stage. 5. 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. Additionally, petitioner(s) will be at liberty to take appropriate legal recourse, if facts are otherwise. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J Pooja /327