[2025:RJ-JP:12749] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5433/2015 1. Manish Dosaya S/o Ram Charan Dosaya, Dosaya Sadan Sihanak Gali, Shivarji Nagar, Madanganj Kishangarh, Distt. Ajmer. 2. Rijwan Solanki S/o Mohd. Saleem, Majvi Mohalla Near Bchali Khidki, Kishangarh Distt. Ajmer. 3. Pradeep Kumar S/o Omprakash, Village Sheshu Via Bissau, Tehsil Malsisar, Distt. Jhunjhunu. 4. Suman D/o Dharam Veer, Village Lambi Jat Post Thali, Tehsil Buhana, Distt. Jhunjhunu. 5. Deepak Kumar Sharma S/o Radhey Shyam Sharma, Village And Post Jagatpura, Via Chomu, Tehsil Samod, Distt. Jaipur. 6. Liyakat Khan S/o Daud Khan, Daspan Road, Takara Vas, Bhinmal, Distt. Jalore. 7. Prakash Chand Devanda S/o Dunga Ram Devanda, Ward No. 15, Rampura Marg, Shahpura, Distt. Jaipur. 8. Pawan Kumar Bhaduka S/o Bhima Shankar Bhardwaj, Pitra Kripa Bhawan, Bihari Pol, Near Shakti Balaji Mandir, Naya Shahar, Kishangarh, Distt. Ajmer. 9. Manju Tanwar D/o Man Singh Tanwar, 119, Chhota Akhara Near Water Tank Brahmpuri, Distt. Jaipur. 10. Bhagwan Shahay S/o Mangoo Ram Hindala, Village And Post Rajpura Nosal Via Manda Surera Distt. Sikar. 11. Chandra Prakash Saraswat S/o Hari Narayan Sharma, Village And Post Asalpur, Distt. Jaipur. 12. Santosh Kumar Parashar S/o Vijay Pal Sharma, Village And Post Shimla Tehsil Khetri Distt. Jhunjhunu. 13. Mohan Singh S/o Shri Data Ram, Village, Post Piphera Via Bassi Nawab, Tehsil Sainpau, Distt. Dholpur. ----Petitioners Versus 1. The State Of Rajasthan Through Its Secretary, Medical Health And Family Welfare Department, Rajasthan Jaipur. 2. The Additional Director Admn. Medical And Family Welfare Department, Rajasthan Jaipur. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 19/03/2025 1. At the outset, learned counsel appearing for the respondents have submitted that the present petition is filed assailing an/a [2025:RJ-JP:12749] (2 of 3) [CW-5433/2015] advertisement/selection/recruitment process initiated in the year 2013 wherein the petitioner(s) has/have applied for the post of Nurse Grade II. 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. 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 [2025:RJ-JP:12749] (3 of 3) [CW-5433/2015] 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. 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 /70