Case: State of Rajasthan Vs. Kiran Meena and Ors

3. There were ten vacancies reserved for the ST Woman candidates, out of which three were for ST (Tribal Sub-Plan) (which was a sub-category of ST). Against the said vacancies, seven persons in the category of ST, senior to the Respondent, were offered appointment. Three persons did not join. The Respondent claimed appointment against the vacancy which arose on account of non-joining of candidate. This plea has been upheld by the High Court.

Court's reasoning:
5. In view of above, the vacancy which arose on account of non-joining of the candidate, could not be offered to the Respondent. The same had to be taken as fresh vacancy. The said vacancy is said to have been filled up in subsequent selection. From the pleadings and the order of the High Court, we do not find any provision for the waiting list.