Ashok Bhushan, J. - (1.) - In these appeals appellants challenge the common judgment dated 16.01.2014 of the Rajasthan High Court deciding a batch of Special Appeals which arose out of judgment of learned Single Judge dated 27.04.2012 delivered in SB Civil Writ Petition No.15152 of 2011 and other connected matters and judgment dated 08.11.2013 in SB Civil Writ Petition No.4811 of 2013 and other connected matters. The judgment dated 27.04.2012 pertains to selection to various posts of constables whereas judgment dated 08.11.2013 pertains to selection on the post of Sub-Inspector of Police. The judgment dated 08.11.2013 was delivered following the earlier judgment dated 27th April, 2012. A large number of Special Appeals were filed against the aforesaid two judgments which were decided by the Division Bench by a common judgment dated 16.01.2004 which judgment is subject matter of these appeals.
(2.) Brief facts of the case which are necessary to be noted for deciding these appeals are: The Rajasthan Police Subordinate Service Rules, 1989 has been framed by the State of Rajasthan for recruitment on various posts in the Police Establishment. Part III of the Rules provides for recruitment and Rule 7 provides reservation of vacancies for the Scheduled Casts and the Scheduled Tribes. The State Government had from time to time issued various orders/circulars providing for reservation as well as methodology for giving effect to the reservation. Circulars dated 17.06.1996, 04.03.2002 and 24.06.2008 were issued by the State Government providing for reservation.
(3.) The Rajasthan Public Service Commission issued an advertisement dated 14.10.2010 inviting applications for selection on various posts of constables. On 25.10.2010 another advertisement was issued by the Rajasthan Public Service Commission for selection on the post of Sub Inspector of Police. The selection process for the posts of constables as well as post of Sub Inspector of Police comprised of the different stages. During process of selection, the State Government issued a circular dated 11.05.2011 providing that candidates of BC/SBC/SC/ST irrespective of whether they have availed of any concession including relaxation in age shall be migrated against open category vacancies if they have secured more marks than the last candidate of open category. Select list of constables was issued on 01.07.2011 whereas result of Sub Inspector of Police was issued on 25.02.2013. Various writ petitions were filed by the general category candidates where they have questioned the circular dated 11.05.2011 and preparation of select list accordingly. The case of the general category candidates was that those reserved category candidates who have taken concession of relaxation of age in competition for post of constable/SI of Police cannot be migrated to general category vacancies. Learned Single Judge decided Special Writ Petitions vide judgment dated 27.12.2012 taking view that circular dated 11.05.2011 is not applicable since the recruitment process had began prior to circular 11.05.2011. It was held that migration of reserved category candidates to open/general category can be permitted as per earlier circular dated 24.06.2008. With regard to circular dated 11.05.2011, it was held that the said circular needs to be given proper interpretation. Learned Single Judge held that only those who have taken benefit of concession of fee and not the relaxation in age during the process of selection would be allowed to migrate to open/general category if obtained equal or more marks to the last candidate in open/general category. As noted above, other group of writ petitions was decided by the Single Judge vide judgment dated 08.11.2013 following the judgment dated 27.04.2012.;