- (1.) THOUGH these matters have been placed for further hearing but the learned counsel for the parties submit ad idem that the subject matter of these petitions stands concluded with the order dated 27.04.2012 as passed in a batch of petitions led by S.B. Civil Writ Petition No. 15152/2011 : Madan Lal Vs. State of Rajasthan & Ors. wherein a co- ordinate Bench at Jaipur Bench has partly allowed the similar nature petitions with the following directions:- "1. The circular dated 11.5.2011 would not be applicable to the present selection in view of the judgment in the case of K. Manjusree (supra), wherein, it was held that rules of game cannot be changed in the midst of selection thus respondents are directed to make appointment without applying circular dated 11.5.2011 in the present matter as initiation of recruitment is prior to the circular dated 11.5.2011 so as the advertisement. The migration of reserve category candidates to open/general category can be permitted as per earlier circular dated 24.6.2008 and Standing Order applicable to present selection and not as per circular issued on 11.5.2011 as it is much subsequent to the advertisement and not given retrospective effect.
(2.) THE circular dated 11.5.2011 provides for migration of reserve category candidates to open/general category in the case where the candidates have taken special concession. THE aforesaid circular needs to be given proper interpretation. It would be applicable in the case where reserve category candidates have taken benefit of concession of fee and relaxation in age. In those cases, one would be allowed to migrate to open/general category if obtained equal or more marks to the last candidate in open/general category. In case of any other concession or relaxation during the process of selection by reserve category candidate, he would not be allowed to migrate to open/general category as the 'level playing field' during the course of selection does not remain the same. Thus, respondents are directed to implement circular dated 11.5.2011 in the light of the directions given above but it would not be applicable to this selection as indicated in the first para of directions. In view of the above, these petitions are also partly allowed in the light of the decision in Madan Lal's case (supra) and in the same terms. No costs.;