Rajasthan High Court
Administrative and Public LawEmployment and Labour Law

Vacancies arising from post-joining resignations require a fresh recruitment process.

KASHIF KHAN vs THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

Rajasthan High CourtJUDGMENT: October 06, 20262 MIN READSOURCE JUDGMENT
Vacancies arising from post-joining resignations require a fresh recruitment process.. KASHIF KHAN vs THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. Rajasthan High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners were included in the reserve/waiting list prepared in a recruitment for System Assistant posts under Advertisement dated 18 December 2023.

Source reference: p. 3–6

After the result was declared on 11 February 2025, 230 candidates were selected; 220 joined and 10 did not.

Source reference: p. 3–6

Following cancellation of the non-joining candidates’ appointments, nine reserve-list candidates received appointment orders, of whom five joined.

Source reference: p. 3–6

The petitioners sought appointment against vacancies arising when 68 candidates who had joined later resigned.

Source reference: p. 3–6

The respondents opposed the claim, maintaining that resignation vacancies were fresh vacancies requiring a new recruitment process.

Source reference: p. 3–6
02

Issues

Whether vacancies caused by the resignation of candidates who had joined after selection could be filled by operating the reserve/waiting list from that recruitment

Source reference: p. 6

Whether the petitioners’ inclusion in that reserve/waiting list gave them a right to appointment against those vacancies

Source reference: p. 7
03

Law Applied

The Court relied on Sudesh Kumar Goyal v. State of Haryana & Ors., (2023) 10 SCC 54, which held that where all vacancies notified in a recruitment have initially been filled, a vacancy arising because a selected candidate joins and later resigns is a fresh vacancy.

Source reference: p. 7

It cannot ordinarily be filled from the earlier selection’s reserve/waiting list without a fresh advertisement and selection process.

Source reference: p. 7

The respondents also referred to the Rajasthan Staff Services Rules, 2002, submitting that no specific period for operating the reserve list was prescribed; the Court’s decision, however, turned on the rule in Sudesh Kumar Goyal.

Source reference: p. 6
04

Reasoning

The Court found that the 68 candidates had joined their posts before resigning.

Source reference: p. 7–8

Their resignations therefore created fresh vacancies, rather than leaving unfilled posts from the original advertisement.

Source reference: p. 7–8

Applying Sudesh Kumar Goyal, the Court held that those vacancies could not be filled from the earlier reserve/waiting list.

Source reference: p. 7–8

The petitioners’ placement on that list consequently did not entitle them to appointment against the resignation vacancies.

Source reference: p. 7–8
05

Holding

The Court answered the principal issue against the petitioners, holding that vacancies caused by post-joining resignations could not be filled through the reserve/waiting list from the earlier recruitment.

It found no merit in the petition and dismissed it; pending applications, if any, were also disposed of.

Source reference: p. 8
Rajasthan High Court

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KASHIF KHANvsTHE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

Rajasthan High Court · October 06, 2026

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