Rajasthan High Court - Jodhpur
In Rashmi Mishra vs M.P.Public Service Commission on 19 August, 2015
Author: Sunil Ambwani
Bench: Sunil Ambwani
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
D.B.CIVIL WRIT PETITION NO.380/2013
DATE OF ORDER: 19.08.2015
HON'BLE THE CHIEF JUSTICE MR.SUNIL AMBWANI
HON'BLE MR.JUSTICE AJIT SINGH
Mr.S.K.Jain, for the petitioner.
Mr.M.S.Singhvi, Sr.Adv., with Dr.Sachin Acharya Mr.Girish Joshi ) for the respondents.
By this writ petition, the petitioner has prayed for the following reliefs:
"a) By an appropriate writ order and direction, the respondents be directed to conduct the interview of the petitioner for the post of college lecturer in Botany subject in college education department in pursuance of the advertisement no.74/2011-12 and if they become successful in the interview then respondents be further directed to give appointment to the petitioner on the post of Assistant Professor in Botany subject with all consequential benefits.
b) By an appropriate writ, order and direction, the respondents are directed not to reject the candidature of the petitioner in future for appointment on the post of college lecturer in Botany subject only on the ground that they are M.Sc. in Biotechnology subject."
One of the grounds on which the writ petition has been filed is that the petitioner is M.Sc. in Bio-technology and was eligible to be appointed on the post of Assistant Professor in the 2 faculty of Science, department of Botany in the JNV University, Jodhpur, in pursuance of the advertisement No.74/2011-12.
The selections were held between December, 2012 and January, 2013 and results were declared in February, 2013. Petitioner was not selected. She did not implead the person, selected in pursuance of the said advertisement on the post on which she had applied.
On 14.11.2014, an order was passed by this Court allowing the petitioners two weeks' time to file an appropriate impleadment application to implead the person, who was selected and appointed, for the fair adjudication of the matter.
The orders were passed in all the connected matters. Now, more than nine months have passed but the petitioner has not cared to implead the person, who was selected and appointed as Assistant Professor in Botany, for which the results were declared in February, 2013.
In Rashmi Mishra vs. M.P.Public Service Commission (2006) 12 SCC 724; Indu Shekhar Singh vs. State of U.P. (2006) 8 SCC 129; and State of Rajasthan vs. Ucchab Lal Chhanwal (2014) 1 SCC 144, the Hon'ble Supreme Court held that non-impleadment of the persons, who are going to be affected by allowing the reliefs claimed by the petitioners, is fatal to the proceedings.
3
In the absence of impleadment of the selected candidate, the writ petition challenging the selection on any of the grounds, is not maintainable. Petitioner does not appear to have availed the opportunity given by the order dated 14.11.2014 to implead the persons, selected on the post, for which she had applied.
The writ petition is, accordingly, dismissed as not maintainable.
(AJIT SINGH), J. (SUNIL AMBWANI), C.J. RANKAWAT JK, D.R.