Narendra Kumar Sharma vs State of Rajasthan and Another

Ashok Parihar, J.—Petitioners are seeking appointment to the post of Teacher Gr. III in pursuance to the advertisement issued way back in the year 1996. Admittedly, the whole selection process is over and appointments have also been made long back. There cannot be any dispute that selections are made for the vacancies of a particular year. A select-list is also prepared accordingly. There is a fix period of life of select list as well. With the lapse of time after expiry of select list, no directions for appointment can be issued by this Court from the select list already expired long back. Even if there are vacancies still exist from a particular year and the same have not been filled for one reason or the other, the vacancies shall be carried forward for the next year. No appointment can be made from a select list already expired. This will result in not only violation of relevant rules but Articles 14 and 16 of the Constitution as well because there maybe more meritorious expiring eligible candidates for remaining unfilled vacancies of a particular year. Even directions of the court for consideration may be misread and misconstrued and appointments may be given beyond the vacancies of a particular year. Such a practice may create lot of complications and irregularities, which may be committed by the authorities concerned. That apart, subsequently even the process of selection for the post in question has also been changed by way of amendment in the relevant rules and now the selections are made through Rajasthan Public Service Commission.

Having considered entire facts and circumstances, with the lapse of time the prayers as made in the present writ petition cannot be accepted. The writ petition is dismissed accordingly as having no merits.