- (1.) Both the above numbered writ petitions relate to the selection/appointment on the post of Additional Registrar under the Rajasthan Co-operative Service Rules, 1954 (for short, the Rules) on the recommendations of the Departmental Promotion Committee and therefore I will proceed to dispose them of by this common order.
(2.) Both the petitioners having been selected as Asstt. Registrars in the year 1963 after selection through Rajasthan Public Service Commission were promoted as Dy. Registrars, Co-operative Societies in the year 1974 under Rule 24(2) of the Rules on the recommendation of the DPC. Certain vacancies of Joint Registrars, Co-operative Societies occurred in the year and a DPC was convened in July, 1978 to make recommendations for promotion to the said post. Under rule 26 of the Rules, the promotions to the said posts are required to be made on the basis of seniority-cum-merit and merit in the proportion of 50 : 50. In pursuance of the recommendations of the DPC four persons, namely T.C. Jain, V.N. Singh, P.N. Pathak and S.C. Mathur, who were admittedly all seniors to the petitioners, were promoted/appointed on the basis of seniority-cum-merit, while four others namely Sarva Shri Ashok Jaiman, R.K. Goyal, T.S. Rajpurohit and Bhagirath Sharma were promoted on the basis of merit. The petitioner Satish Chand Sharma (in writ petition No. 4355/1991) was senior to all the above named persons except Ashok Jaiman, who were promoted/appointed on the basis of merit on the post of Joint Registrar. He was considered but was not promoted on the basis of merit. Satish Chand Sharma (petitioner in writ petition No. 4355/1991) did not challenge the selection of R.K. Goyal, RS. Rajpurohit and Bhagirath Sharma who were promoted on the basis of merit. These vacancies are filled in against the quota of 1978. Any how, Satish Chand Sharma was promoted on ad hoc basis as Joint Registrar and at that time the highest post in the service was the post of Joint Registrar and there was no post of Addl. Registrar. The final seniority list of substantive Joint Registrars was published on July 20,1985 and the name of the petitioner A.K. Goyal appeared at No. 7 and the name of the petitioner Satish Chand Sharma appeared at No. 11. The said seniority list was published under rule 8 of the Rules. The name of T.S. Rajpurohit, respondent No. 4 in S.B. Civil Writ Petition No. 4563/91 appeared at No. 8 in the aforesaid seniority list i.e. just below the name of R.K. Goyal. The name of one Bhagirath Sharma appeared at No. 9, but said Bhagirath Sharma was promoted to IAS from the quota of other services. The name of S.P. Gupta respondent No. 3 in S.B. Civil Writ Petition No. 4563/91 appeared at S.No. 10 in the aforesaid seniority list dated July 20,1985.
(3.) The cadre strength of the post of Additional Registrar, the highest post in the service is 4, out of which one post is to be filled from IAS and three posts are to be filled in from the co-operative service. The post being the highest post is to be filled in on the basis of merit alone as per rule 24(B)(7) of the Rules. As per the amendment made by notification dated March 31, 1980, if the committee is satisfied that suitable persons are not available for selection by promotion to the highest post/posts directly on the basis of merit in a particular year, selections by promotion to highest post/posts on the basis of seniority-cum-merit may be made in the manner as specified in the Rules. The vacancy of the post of Additional Registrar became available in the year 1990-91. Though Shri R.K. Goyal was senior to Shri S.P. Gupta in the seniority list of Joint Registrar, dated July 20,1985, but he was not selected/promoted on the basis of merit on the post of Addl. Registrar and S.P. Gupta was so promoted. One more vacancy of Addl. Registrar became available on the retirement of Ashok Jaiman on July 31, 1991 and R.K. Goyal as well as other petitioner were within the zone of consideration as the zone of consideration being 5. The DPC met for consideration of the names and against the quota for the year 1991-92 recommended the name of T.S. Rajpurohit for selection on the post of Addl. Registrar on the basis of merit.;