K.S. RATHORE, J. - (1.) The petitioner filed this writ petition for seeking relief that the petitioner be treated as 'Departmental Candidate' not at par with the open market candidates. Further, seeks directions to the respondents to treat the petitioner as 'Departmental Candidate' and so the petitioner may be called for interview by the R.P.S.C. for Rajasthan Subordinate Services.
(2.) The petitioner's main contention was that the Rajasthan Commercial Taxes Subordinate Service (General Branch) Rules, 1975 (for short 'the rules'), were promulgated on 21st July, 1975. Sub-rule (a) of Rule 6 of the Rules 1975 is reproduced as under. "(a) by direct recruitment in accordance with part IV of the Rules: Provided that twelve and half per cent of the posts of Inspector Grade II to be filled in by direct recruitment shall be reserved for being filled in from amongst the ministerial staff of the Commercial Taxes Department holding a post in the cadre substantively, subject to their being found otherwise eligible for such recruitment under the rules. The reservation shall be carried forwarded only to the next succeeding year : Provided that the two posts of Commercial Taxes Inspector Grade II shall be reserved for being filled in by promotion from amongst Jamadars of the Commercial Taxes Department subject to their fulfilling qualification equivalent to Higher Secondary examination and if they have put in not less than 10 years service as Jamadar on the first day of April in which year selection is made and that there shall be no further promotion till this reserve quota is filled up".
(3.) The main controversy in this writ petition is that the petitioner availed of three chances before Rajasthan Public Service Commission as stipulated in sub-rule (1) of Rule 11 of the Rajasthan State & Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1962 (hereinafter referred to as 'the Rules of 1962') which reads as under: "Sub-rule (1) of Rule 11 The number of chances which a candidate, except in case of candidate belonging to the 'Schedule Caste' or 'Schedule Tribe', appearing at any of these examinations can avail of, shall be restricted to "three", excluding the chances he has already availed of at examination or selection held before the promulgation of these Rules for direct recruitment to posts specified in schedule I & schedule II, as the case may be";