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2025 DAILYLAW 39711 (RAJ)

JITENDRA KUMAR S/O PHOOL CHAND v. STATE OF RAJASTHAN

CW/6740/2024 · 2025-09-19

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:38476] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6740/2024 Jitendra Kumar S/o Phool Chand, Aged About 41 Years, R/o Village Bhagwanpur Chauthar, Tehsil Gyanpur, District Sant Ravidas Nagaar (Uttar Pradesh). ----Petitioner Versus 1. State of Rajasthan through Principal Secretary, to the Medical and Health and Family Welfare Institutions, Government of Rajasthan, Secretariat, Jaipur. 2. The Director to the State Institute if Health and Family Welfare, Jaipur Rajasthan Jhalana Institutional Area, Near Doordarshan Kendra, Jaipur, Rajasthan 302004. 3. The Secretary to the Rajasthan Staff Selection Board, State Agriculture Management Institute Campus, Durgapura, Jaipur. ----Respondents For Petitioner(s) : Mr. Girraj Prasad Gadhwal For Respondent(s) : Mr. Archit Bohra, AGC with Mr. Rahul Verma Mr. Prakhar Jain HON'BLE MR. JUSTICE MANEESH SHARMA Order 19/09/2025 1. The present writ petition has been filed by the petitioner with a prayer that the petitioner be appointed on the post of Radiographer in compliance of order dated 18.12.2023. 2. Learned counsel for the petitioner submits that the petitioner, being eligible, applied to the post of Radiographer in terms of advertisement dated 12.06.2020 and after completion of selection process, the petitioner was selected on the said post but [2025:RJ-JP:38476] (2 of 3) [CW-6740/2024] the respondents failed to provide appointment to the petitioner. Therefore, the petitioner has filed the present writ petition. 3. Per contra, learned counsel for the respondents submits that the submissions made by learned counsel for the petitioner cannot be accepted for the reason that the selection process already stands completed and the Rajasthan Staff Selection Board vide letter dated 19.03.2024 (Annexure - R/3) has withdrawn the list of 61 selected candidates, including petitioner. He further submits that after the said advertisement, afresh recruitment process has been initiated vide advertisement dated 31.05.2023. 4. Learned counsel placed reliance on the circular dated 19.07.2001 issued by Department of Personnel, which reads as under:- "In this context it is clarified that once a fresh process of recruitment starts, then the whole selection process previously held and the waiting list lapses and if any vacancy could not be filled for any reason then it should be deemed to have lapsed. Such a vacancy will be filled up only through the fresh process of recruitment to be conducted through the Rajasthan Public Service Commission." Therefore, in light of the submissions made hereinabove, no relief can be granted to the petitioner. 5. Heard and perused the material available on record. 6. From the record of the case, it is evident that the Staff Selection Board vide its letter dated 19.03.2024 has withdrawn the list of the candidates wherein, the name of the petitioner is reflected at serial No.1. and despite this fact has been conveyed to the petitioner and brought on record by the respondent vide [2025:RJ-JP:38476] (3 of 3) [CW-6740/2024] Annexure- R/3, the petitioner herein neither filed any rejoinder nor assailed the order dated 19.03.2024. 7. Furthermore, from the reply it is evident that the recruitment process issued pursuant to the advertisement dated 12.06.2020 stands complete and thereafter, new recruitment process has already been initiated on 31.05.2023 wherein also final select list was issued on 06.11.2024. Thus, in light of the circular dated 19.07.2001 issued by the Department of Personnel which states that once a fresh recruitment process is initiated, the earlier recruitment process stands lapsed, no relief can be granted to the petitioner. 8. Apart from this, a co-ordinate Bench of this Court in S.B. Civil Writ Petition No.12919/2012 titled as Rahul Jain vs. State of Rajasthan, has held as under:- "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. Hence, it can be deducted that as on date, no vacant seats/posts are available." 9. In view of the discussion made hereinabove, the present writ petition, being devoid of merits, is hereby dismissed. 10. All pending application(s), if any, shall stand disposed of. (MANEESH SHARMA),J DEEPA-4