JUDGMENT
N.C. Sharma, J.
1. This is a writ petition by Dr. (Mrs.) Mayura Gupta Under Article 226 of the Constitution of India praying for a direction that the State of Rajasthan may requisition her name from the Rajasthan Public Service Commission, Ajmer for the purpose of making her appointment on a vacant post of Lecturer in Gynaecology.
2. The petitioner passed her MBBS Examination in the year 1978 and MS in Gynaecology, from SN Medical College, Ajmer in the year 1987. She had also worked as CAS from December, 1980 to September, 1985. The Rajasthan Public Service Commission on a requisition from the Government of Rajasthan invited applications for 11 posts of Lecturers in Gynaecology. There were posts advertised, out of which 6 posts were temporary and were likely to become permanent and five were lien vacancies Two posts were reserved for Scheduled Caste and one post Scheduled Tribe. In case, candidates belonging to Scheduled Caste and Scheduled Tribe were not available, post were to be filled in by general category. The Rajasthan Public Service Commission interviewed the candidates and prepared a list of selected candidates The petitioner’s name was not there in the main list. How ever, her name did find place at Sr. No. 5 of reserved list. It is also alleged that two candidates Dr Sadhana Kaur and Nirmala Tater filed writ petitions No. 4646 of 1988 and No. 4452/1988, but these writ petitions were ultimately dismissed on February 28, 1989. The petitioner alleges that she came to know that even after expiry of six months requisition for two more vacancies had been sent by the Government to the Rajasthan Public Service Commission for calling names from reserve list and the Commission had sent two names of Dr. Kusum Bhandari and Dr. Manju Meheshwari. She states that she came to know that there were four more vacancies, it addition to the 11 advertised posts, for which requisition has already been sent, and 9 appointments had been made. She further stales that the Government of Rajasthan has arbitrarily asked only for names of two candidates from the reserve list and, that also after the expiry of six months from the first requisition and has, thus, discriminated against the petitioner without any reasonable cause. On this ground the petitioner seeks a direction from this Court Under Article 226 of the Constitution of India for the requisition of her name from the Rajasthan Public Service Commission.
3. The recruitment to the post is governed by the Rajasthan Medical and Health Service Rules 1963. The recruitment to the Service in the instant case was to be made by direct recruitment in accordance with Part-III of the said Rules. Rule 9 (1) of the Rules provides that subject to the provisions of these rules, the Appointing Authority shall determine each year the number of vacancies anticipated during the following twelve months and the number of persons likely to be recruited by each method. Such vacancies shall be determined again before the expiry of 12 months of the last determination of such vacancies It is clear from the very language of the Rule that the determination of vacancies has to be made in the preceding year in respect of anticipated vacancies, during the period of 12 months following the year in which the determination is made. There is to be fresh determination before the expiry of 12 months of the last determination There has to be year-wise determination of vacancies. The Public Service Commission invites applications in the prescribed from. It scrutinises them and requires as many candidates qualified for the appointment under the Rules as seem to them desirable to appear before them for interview The Commission then prepares a list of candidates whom it consider suitable for appointment to the post concerned, arranges them in the order of merit and that list is forwarded to the Government. This is done in compliance of Rule 20 of the Rules. A proviso is appended to Rule 20, which provides that the Commission may, to the extent of 50% of the advertised vacancies, keep names of suitable candidates on the reserve list the reject such candidates who are kept on reserve list can only be recommended by the Commission on receipt of requisition within six months from the date ob which the original list was forwarded by the Commission to the Government. Names from reserve list can further be recommended only in the order of merit. The intention behind the proviso is that it might happen that a candidate whose names has been recommended by the Commission in the main list, may not join, or his character and antecedents may not be found satisfactory so as to give him an application, or he may otherwise be found medically unfit. Only in such contingencies, Government may require the Commission to recommended names of candidates from the reserve list When Rule 9 of the said Rules is read with Rule 20, if is more than clear that neither the Commission can recommend nor the Government can requisition any name from the reserve list more in number, than the vacancies advertised.
4. The petitioner wants requisition of her name from the reserve list to till in the vacancies which occurred during subsequent period of 12 months. That is not permissible under the Rules.
5. There is no merit in this writ petition and it is here by dismissed.