JUDGMENT
A.K. Mathur, J.
1. The petitioner by this writ petition has prayed that non-petitioners may be directed to continue the reserve list from the date when appointment letters were issued to the candidates in the first list and appoint him out of reserved list.
2. The brief facts giving rise to this writ petition are that the petitioner is a Medical Graduate and he passed his M.B.B.S in the year 1987 and completed Internship in December 1988. Five posts of Senior Demonstrator Anatomy in Medical Colleges were advertised by the Rajasthan Public Service Commission vide Advertisement No. 4 of 1988-89. The petitioner in pursuance of the aforesaid advertisement applied for the post. The Rajasthan Public Service Commission held written examination i.e. screening test for the purposes of recommending the candidatures of the candidates for appointment lo the posts. The petitioner successfully completed the screening test and he was called for interview. The Rajasthan Public Service Commission prepared two lists, one, a list of five candidates for regular appointment and the second, a reserve list contained three names and in that reserve list the name of the petitioner appeared at item No. 2. In the main list the Rajasthan Public Service Commission recommended the names of five’ candidates and in the reserve list 3 names were included. It is alleged that the Government could not appoint the persons so commanded by the Rajasthan Public Service Commission. Therefore, the reserve list could not be operated and it was likely to expire in terms of proviso to Rule 20 which says that if the reserve list is not implemented within six months from the date on which the original list is Forwarded by the Commission to the Government and it shall expire. On account of the Government non-appointing the candidates out of the original list within time, the reserve list expired and hence the petitioner approached this Court by filing the present writ petition. The petitioner further submits that out of the five persons recommended by the Rajasthan Public Service Commission vide the original list, two persons, namely, Dr. Reghvndra Singh have already joined the P.G. Course in Medicine at the Medical College at Ajmer and another candidate Dr. Miss Preetam Kothari has also joined the P.G. Course in Gynecology at the Medical College, Ajmer. Therefore, these two candidates did not avail the selections. It is submitted that in any case if the appointment has been given within a reasonable time, then the petitioner could have been appointed as he was at S. No. 2 in the reserve list. The grievance of the petitioner is that on account of non-action of the Government the reserved list is being sought to be defeated.
3. A return has been filed by the respondents and the respondent in their return have pointed out that the Rajasthan Public Service Commission vide its letter dated 30.1.1990 recommended the names of five candidates for appointment on the post of Senior Demonstrator in Anatomy, but due to ban on filling up the post of direct recruitment, the five candidates recommended by the Rajasthan Public Service Commission for appointment to the post of Senior Demonstrator were issued appointment orders only on 24.1.1990 after the uplifting of the ban on filling up the posts of direct recruitment. After exhausting-the list of selected candidates, a requisition was sent to the Rajasthan Public Service Commission to make available three candidates from the reserved list on 31.1.1990, but the Rajasthan Public Service Commission did not recommend the names out of the reserved list as the period of sue months from the date of recommending the five selected candidates for the post of Senior Demonstrators vide their letter dated 31.7.1989 expired on 30.1.1990. It is also submitted that the petitioner has. noright whatsoever as his name is in the reserved list. A reply has also been filed on behalf of the Rajasthan Public Service Commission and they have also taken the same position.
4. In order to decide the present controversy it will be relevant to quote Rule 20 of the Rajasthan Medical Service (Collegiate Branch) Rules, 1962, here after referred to as ‘the Rules of 1962’) which reads as under:
20. Recommendations of the Commission. The Commission shall prepare a list of the candidates whom they consider suitable for appointment to the posts concerned, arranged in the order of merit and forwarded the same to Government:
Provided that the Commission may, to the extent of 50% of the advertised vacancies, keep names of suitable candidates on the reserve list. The Names of such candidates may, on “requisition, be recommended in the order of merit to Government within 6 months from the date on which the original list is forwarded by the commission to Government.
5. A perusal of Rule 20 shows that the Rajasthan Public Service Commission shall prepare a list of the candidates whom they consider suitable for appoint to the posts and arrange their names in the order of merit and forward the same to the Government. The proviso further lays down that the Commission may to the extent of 50% of the advertised vacancies keep names of suitable candidates on the reserve list. It further contemplates that the names of such candidates may on requisition be recommended to the Government in the order of merit within 6 months from the date on which the original list is forwarded by the Commission to the Government. Now, in the present case, it. is an admitted case that out of the 5 persons so recommended by the Rajasthan Public Service Commission two persons namely, Dr. Raghvendra Singh and Dr. Miss Preetam Kothari did not join. It is submitted that the appointment orders in favour of these persons selected and placed in the original list could not be issued on account of the ban imposed on direct recruitment by the Government of Rajasthan. But as soon as the ban was lifted the appointment order in favour of three candidates were issued on 24.1.1990 Thereafter a requisition was sent on 31.1.1990 for. Sending the names of two persons out of the reserve list. But the Rajasthan Public Service Commission declined to send the names because the currency of the list i.e. six months has expired.
6. It is true that the recommendations were sent by the Rajasthan Public Service Commission on 31.7.1989 and the appointment could not be made to ill 24.1.1990, almost for a six months on account of the ban imposed for administrative reasons by the State Government for making appointments by diect recruitment quota. As a result of which the original list could not be operated. This was for puely administrative reasons that the appointments could not follow. If the administrative ban would not have been there perhaps the appointment orders would have been issued and in the event of the two candidates from the original list not joining perhaps the candidates out of the reserve list could have been recommended for appointment. For administrative reasons that the list could not be operated resulting in not operating the reserve list which has caused prejudice to the Petitioner. Now, the fact remains that if the period during which She ban was in force on direct recruitment i.e. from 31.7.1989 to 24.1.1990 is deducted then the list can be within the range of operation and it will not be stifled under proviso to Rule 20 of the Rules of 1962 as the administrative ban was imposed on account of the administrative reasons for which the petitioner cannot be penalized and it was beyond his control. In this view of the matter, I am of the opinion that this period of administrative ban imposed from 31.7.1989 to 24.1.1990 should be excluded. If that is excluded then the reserve list can be operated. As the petitioner’s name appeared at S.No. 2 in the reserve list and out of the original list only 2 persons have not joined and upto 50% of the vacancies advertised the appointments can be made out of the reserve liat. In this view of the matter, I direct that the reserve list may now be operated and the petitioner may be appointed on the post of Senior Demonstrator in the Anatomy.
7. The writ petition is allowed as indicated above.
