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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9289 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 28364 OF 2015]

RAJASTHAN PUBLIC SERVICE COMMISSION           Appellant (s)                                 VERSUS

KAILASH CHANDRA JYOTISHI AND ORS.        Respondent(s) with

CIVIL APPEAL NO. 9328 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 18493 OF 2017]

[DIARY NO. 13338 OF 2017] CIVIL APPEAL NO. 9322 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 18485 OF 2017] [DIARY NO. 13339 OF 2017]

CIVIL APPEAL NO. 9323 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 18486 OF 2017]

[DIARY NO.13501 OF 2017  CIVIL APPEAL NO. 9324 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 18487 OF 2017] [DIARY NO. 13502 OF 2017]

CIVIL APPEAL NO. 9325 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 18489 OF 2017]

[DIARY NO. 13684 OF 2017] CIVIL APPEAL NO.9326 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 18490 OF 2017] [DIARY NO. 13686 OF 2017]

CIVIL APPEAL NO. 9327 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 18491 OF 2017]

[DIARY NO. 13687 OF 2017] J U D G M E N T

KURIAN, J. 1. Delay condoned.  Leave granted.

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2. It  is  not  in  dispute  that  in  view  of  the subsequent developments, the degree obtained by the writ petitioners (pvt. respondents herein) was duly recognised and they had become duly qualified.  If that  be  so,  there  is  a  duty  cast  on  the  Public Service Commission to consider them for recruitment, as rightly directed by the High Court.

3. It  is  not  the  concern  of  the  Public  Service Commission as to how the State will accommodate them in  respect  of  the  vacancies  available  or  to  be created.  The duty of the Public Service Commission is only to conduct the recruitment in terms of the request made by the appointing authority.  Once the candidates are duly qualified, the Commission is duty bound  under  law  to  consider  them  also  for  the recruitment and make the appropriate recommendation. The High Court has done only that.

4.  It is also to be noted that the State Government has not chosen to file any Special Leave Petition. It  is  also  submitted  by  the  learned  counsel  that these  appeals  have  been  filed  as  directed  by  the State Government.  We find it difficult to appreciate the stand taken by the State Government.

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5. The Public Service Commission is only an agency to  make  the  recruitment.   Rest  is  for  the  State, therefore,  the  State  cannot  bank  on  the  Public Service  Commission  as  far  as  the  appointments  are concerned.

6. For all the reasons stated above, we do not find any merit in these appeals which are, accordingly, dismissed.

Pending interlocutory applications, if any, stand disposed of.

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ R. BANUMATHI ]  

New Delhi; July 19, 2017.