AGRAWAL, C. J. - (1.) THIS petition, under Art. 226 of the Constitution, has been filed by Bhawani Singh for certiorari quashing the result issued by the Rajasthan Public Service Commission. , in respect of the posts of Excise Inspectors Grade- II and for mandamus to treat the petitioner as to be validly selected Excise Inspector of that grade.
(2.) THE petitioner was appointed in the year 1974 as L. D. C. in the Excise Department. He was, thereafter, appointed as Excise Inspector Grade II under Rule 26 of the Rajasthan Excise Subordinate Service (General Branch) Rules, 1974. Rule 26 deals with urgent, temporary appointment. An appointment made under this rule cannot be continued beyond a period of one year without referring the case to the Commission for concurrence where such concurrence is necessary and shall be terminated immediately on the refusal. THE petitioner, thereafter, was reverted to the post of L. D. C. by the order dated 15. 11. 77. He again was appointed as Excise Inspector Grade-II on 5. 12. 1982. THE said order mentioned that the appointment of the petitioner was purely temporary, made for the period that selection had not been made by the Public Service Commission. On selected candidates being recommended by the Government, the petitioner was reverted by the impugned order. It was then that the present petition was filed, for the reliefs mentioned above. The controversy that arose was about the nature of appointment of the petitioner. Contention of the learned counsel for the petitioner was that the petitioner acquired a right to continue on the post, irrespective of the fact that it was a temporary appointment and had been made for the period that selected candidates were not available. The submission in not correct. The petitioner did not acquire any right of continuing in service despite the selected candidates being available. Rule 6 of the Rajasthan Excise Subordinate Service (General Branch) Rules, 1974, provides for methods of recruitment. Cl. (a) of the said rule reads as under: - " (a) direct recruitment in accordance with Part IV of these rules. Provided that 12-1/12% of the post of Inspector Grade II to be filled in by direct recruitment shall be reserved for being filled in from amongst the Ministerial Staff holding a post in the cadre substantively, subject to their being found otherwise eligible for such recruitment under these rules. The reservation shall be carried forward only to the next succeeding year. " In our opinion, the petitioner's argument about his entitlement to continue on the post is untenable. He appeared before the Public Service Commission but was declared unsuccessful. He, therefore, was not entitled to continue on the post simply because 12-1/12 % of the post of Inspector Grade II was to be filled in by direct recruitment from amongst the Ministerial Staff, holding a post in the cadre substantively.
(3.) THE next submission of the petitioner's counsel was that being in service for the last about 10 years, he was entitled to be regularised. This submission is not tenable. THE nature of appointment of the petitioner had been clearly mentioned in the appointment order and he had been notified that he was temporary and could continue only till the selected candidates were not available. Reliance had been placed by the petitioner's counsel on All Manipur Regular Posts Vacancies Substitute Teachers' Association vs. State of Manipur (1 ). THE case is an authority for the Law which it lays down, and every authority has to be read in the background of facts coming to a Court. This decision went on its own facts and there is no proposition of law which could be use fully given to the petitioner's assistance. The next claim of the petitioner is about his entitlement to work as Excise Inspector Gr. II, as covered by the decision of a Division Bench. By the Amendment in the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1962, the services of Excise Inspector Grade-II had been added in Sl. No. 9. , as a result of which the Excise Inspector was also liable to appear at the Examination of direct recruitment. The petitioner's contention that he could continue without appearing at the examination, is untenable. ;