Circular To Recommend Candidate 45 Days Before Expiry Of Waiting List Not Meant To Curtail 6-Month Validity Period Of Wait List: Rajasthan HC

The Rajasthan High Court has ruled that the 45-day time period under Clause 11 of the Department of Personnel Circular dated April 5, 2021 (“Clause 11”), was not meant to curtail the validity of the waiting list to less than 6 months even when the recommendations from the waiting list were not made within the stipulated timeline.Clause 11 of the DoP Circular dated April 5, 2021, laid down as follows, “the waiting list remains in force for six months from the date of issuance of the main list. After the expiry of this six-month period, neither can the department request names from the waiting list nor can the commission recommend names…In the future, all administrative departments must ensure that information regarding candidates from the main list who do not assume charge is received in a timely manner, and the commission and board are informed of the department's request for recommendations from the waiting list at least 45 days before the expiry of the six-month period from the issuance of the main list.”The bench of Justice Arun Monga was hearing a petition filed by an SC candidate who appeared in the recruitment process for Assistant Professors and Senior Demonstrators in which there was one position reserved for the SC category. The selected candidate failed to join which led to the cancellation of his appointment. Subsequently, the petitioner was the only remaining ST candidate in the waiting list, however, no appointment was granted to him on the ground that the position fell vacant only on the last date of the 6 months expiry of the waiting list, and the requirement of recommending 45 days prior to such expiry was not fulfilled, as was required under Clause 11. This led to the filing of the petition before the Court.After hearing the contentions, the Court highlighted that the position was not declared vacant by the State for a long time even after the selected candidate did not join, before the last day of the expiry date of the waiting list. It was held that the shoe was completely on the other foot since the State did not invite the petitioner. Furthermore, it was observed that even otherwise, if the post was assumed to be vacant on the last day of expiry of the waiting list, even then, as per Clause 11, the benefit should have been given to the petitioner since the waiting list was valid on the day when the post was declared vacant. The Court held that merely because the requirement of recommendations being sent 45 days prior to the expiry of the waiting list was not followed, it did not curtail the validity period of the waiting list to 45 days less than 6 months. This interpretation was considered to be in violation of the intent of Clause 11. “In any case, even if the post is assumed to be vacant on the last day of expiry of waiting list, even then, as per Clause-11, the benefit has to be given during the subsistence of the waiting list. Merely because steps are to be taken 45 days prior to the expiry of the waiting list to send the requisition to RPSC does not mean that the validity of the waiting list shall be curtailed from 6 months to less than 6 months (180-45 days) as that is not in accordance with the intent of Clause-11 at all.”In this light, the petition was allowed and the State was directed to grant appointment letter to the petitioner. Title: Dr. Saroj Meena v State of Rajasthan & Ors. Citation: 2025 LiveLaw (Raj) 102For Petitioners: Ms. Abhilasha Kumbhat assisted with Mr. Meetaksh DadhichFor Respondents: Ms. Rakhi Choudhary-Dy. GC and Mr. Yashraj Singh Kumawat, Mr. Tarun Joshi on VC assisted by Mr. Vikram.Click Here To Read/Download Order

Circular To Recommend Candidate 45 Days Before Expiry Of Waiting List Not Meant To Curtail 6-Month Validity Period Of Wait List: Rajasthan HC

Nupur Agrawal

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