Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

900
5. The Single Judge after hearing the parties by a very brief order disposed of the writ petition thus:
“In the reply, the respondents have stated that 21 candidates, out of the general category,
who were offered appointment have not joined. According to them, 21 posts out of
general category are available. Petitioner’s name is appearing at serial no.7 in the reserve list.
Respondents are directed to operate the reserve list to the extent of availability of fall out
vacancies. If there is any procedural requirement, for seeking names of those candidates
for filling up the posts, from Rajasthan Public Service Commission, the respondents may
do that also.”
6. The controversy in this appeal centers around the construction of Rule 20 of the Rajasthan
Education Service Rules, 1970 (for short, ‘the Rules of 1970’).
7. Rule 20 of the Rules of 1970 reads thus:
“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 order of merit and forward the same to the appointing authority.
Provided that the Commission may also to the extent of 50% of the advertised vacancies,
keep names of suitable candidates may, on requisition, be recommended in the order of
merit to the appointing authority within 6 months from the date on which the original list is
forwarded by the Commission to appointing authority.”
8. In the case of Dr. Kalpana Kumari Meena vs. State of Rajasthan and others [D.B. Civil
Special Appeal (Writ) No.1052/2007] decided on 30.1.2008, the Division Bench considered Rule
20 of the Rajasthan Medical Service (Collegiate Branch) Rules, 1962 which is exactly identical to
Rule 20 of the Rules of 1970. Rule 20 of the Rajasthan Medical Service (Collegiate Branch) Rules,
1962 is as follows:
Rajasthan PSC
“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 order of merit and forward 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.”
9. While dealing with Rule 20 of the Rajasthan Medical Service (Collegiate Branch) Rules,
1962, the Division Bench held in paragraph 7 of the order thus: