The Rajasthan High Court has ruled that the 45-day recommendation period, as stated in Clause 11 of the Department of Personnel (DoP) Circular dated April 5, 2021, does not shorten the validity of the waiting list, which remains effective for six months from the issuance of the main list. The court clarified that failure to recommend candidates within 45 days before expiry does not invalidate the waiting list prematurely.

Background of the Case

The petition was filed by Dr. Saroj Kumari Meena, an aspirant for the post of Assistant Professor (Microbiology) at Dr. S.N. Medical College, Jodhpur. She was placed on the reserved waiting list after participating in the Rajasthan Public Service Commission (RPSC) selection process.

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One ST-category candidate, Dr. Harinandan Meena, was selected for the position but did not join, leading to the cancellation of his appointment. Despite being the only remaining ST candidate on the waiting list, Dr. Meena was denied appointment on the grounds that the post fell vacant on the last day of the waiting list’s validity and the 45-day prior recommendation rule was not fulfilled.

Court’s Observations and Ruling

The court highlighted that the post was not declared vacant in time by the state, even though the selected candidate failed to join. Justice Arun Monga emphasized:

"The shoe is completely on the other foot, as the respondents are at fault for not inviting the petitioner. Merely because they delayed in declaring the post vacant and waited until the last date of expiry of the waiting list does not make their wrong a right."

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The court also noted that Clause 11 of the DoP Circular explicitly states that the waiting list remains valid for six months. The requirement for a recommendation to be sent 45 days before expiry was only a procedural step and not meant to reduce the validity period:

"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 six months to less than six months (180-45 days). This is not in accordance with the intent of Clause 11."

Direction to the State

Considering the facts of the case, the Rajasthan High Court allowed the petition and directed the state to issue an appointment letter to the petitioner within 30 days:

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As an upshot, the petition is allowed. The respondents are directed to issue an appointment letter to the petitioner within a period of 30 days from the date she approaches the respondents with a web print of this order, provided she is otherwise eligible.

Title: Dr. Saroj Meena v State of Rajasthan & Ors.

Citation: 2025 LiveLaw (Raj) 102

For Petitioners: Ms. Abhilasha Kumbhat assisted with Mr. Meetaksh Dadhich

For Respondents: Ms. Rakhi Choudhary-Dy. GC and Mr. Yashraj Singh Kumawat, Mr. Tarun Joshi on VC assisted by Mr. Vikram.