Dr. M.K. Gaur And Ors. vs State Of Rajasthan And Anr. on 26 April, 2002
16. As soon as the selection of candidates of the advertised vacancies culminates into giving of appointments on the vacancies advertised, the reserve list comes to an end. It revives only in the eventuality of the select list becoming re-operative on account of non-joining of the selected candidates or their leaving the post soon after joining during the existence of reserve list, which has life of its own under the Rule. On the face of proposition of law propounded by Apex Court, that a reserve list prepared in an examination conducted by the commission does not constitute a source of recruitment, it is operative only in contingency that if any of the selected candidate does not join then the person from reserve list may be pushed up and appointed in the vacancies so caused or if there is some extreme exigency the government may as a matter of policy decision pick up the persons in order of merit from the reserve/waiting list and that the selection process comes to an end after the candidates from advertised vacancies are appointed. We find ourselves in difficulty adhering to the view taken by the Division Bench in Shiv Prakash Maheshwari's case (supra) that the reserve list prepared can be used as a separate and independent source for appointment. For the aforesaid reasons, we do not find that the judgment of the learned Single Judge whereby the Government is restrained from making appointments beyond the select list requires any interference. Special appeals are dismissed. No order as to costs.