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2025 DAILYLAW 7616 (RAJ)

JAIPRARKASH NARAYAN AND ORS v. STATE OF RAJ AND ORS

CW/2949/2011 · 2025-03-05

Sameer Jain

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[2025:RJ-JP:10305] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2949/2011 1. Jaiprakash Narayan Olla S/o Shri Nanu Ram, Village Rampura, Post Raithal, Tehsil Phulera, Via Kaladera, District Jaipur. 2. Ratan Lal Bugaliya S/o Mahadev Bugaliya, Village Bugaliya, Post Punana, Via Jahota, Tehsil Amer District Jaipur. 3. Ghanshyam Singh Shekhawat S/o Shri Bhanwar Singh Shekhawat, Village Gudha Surjan, Post Jalsu, Via Jahota, Tehsil Amer District Jaipur. 4. Lalit Kumar Sharma S/o Madan Lal Sharma, Village And Post Amarpura Via Itawa Bhopji, Tehsil Chumu, District Jaipur. 5. Suresh Kumar Jat S/o Gopiram Jat, Vandp Lalasar, Via Renwal, Tehsil Phulera, District Jaipur 6. Sanwar Mal Mavlia S/o Banwari Lal Mavlia, Village Sitarampura, Post Malikpur, Via Govindgarh, Tehsil Chomu, District Jaipur ----Petitioners Versus 1. The State Of Rajasthan Through Is Principal Secretary, Animal Husbandry And Dairy Department Govern, Secretariat, Jaipur 2. Director, Animal Husbandry Department, Government Of Rajasthan, Pashudhan Bhawan, Tonk Road, Jaipur ----Respondents For Petitioner(s) : Mr. Dharmendra Barala For Respondent(s) : Ms. Mahi Yadav, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 05/03/2025 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 L.S.A. 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. [2025:RJ-JP:10305] (2 of 2) [CW-2949/2011] 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 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 /114