G.S. Singhvi, J. - (1.) Although the reliefs claimed in these two writ petitions are slightly different, the questions raised in the two writ petitions are closely related. Both the writ petitions were heard together and now they are being disposed of by a common order. In order to decide the questions involved in these writ petitions it is necessary to set out the facts of the two cases. In writ Petitions No. 6743/1991, S.K Agrawal and others v. State of Rajasthan and others , the petitioners have stated that they are holding the posts of Assistant Agriculture Research Officer. Earlier this post was known as Research Assistant. All the petitioners have claimed that they are eligible to be considered for promotion to the post of Agriculture Research Officer. However, on account of failure of the respondents No. 1 and 2 to make year wise determination of vacancies in accordance with the existing rules, promotion quota posts are not being filled and at the same time, the Rajasthan Public Service Commission has made selections for appointment by direct recruitment. Petitioners have stated that the Rajasthan Public Service Commission issued Advertisement No. 6/90-91 for filling ten posts of Assistant Agriculture Chemist. Applications were invited by 18.2.91 and the screening test was going to be held on 1.10.91 in pursuance of the said Advertisement. It has been stated that all the petitioners except petitioners No. 1 and 7 have filled the forms even though they do not fulfil the requirement of age limit. The posts advertised by the Rajasthan Public Service Commission relate to the period between 1982 to 1990. After the issue of advertisement the designation of the posts has been changed from one of Assistant Agriculture Chemist to that of Agriculture Research Officer. While the Rajasthan Public Service Commission is proceeding with the selection for recruitment on the post of Agriculture Research Officers, corresponding promotion quota is not being filled even though as per the provisions contained in the Rajasthan Agriculture Service Rules, 1960 (for short the Rules) 60% vacancies are required to be filled by promotion and 40% by direct recruitment and the vacancies are required to be determined year wise in terms of Rule-10 of 1960 Rules. The petitioners have stated that since 19.7.80 only 11 promotion quota posts have been filled and the petitioners who have rendered almost 20 years of service or more or not being given a chance of consideration for promotion because, the promotion quota posts are not being filled.
(2.) In reply to the writ petition respondents No. 1 and 2 have stated that as per the rules vacancies are required to be determined every year. After the year 1980 vacancies were determined but no vacancies available prior to 1985-86 are lying vacant. It has been stated that the departmental candidates who have not attained the age of more than 40 years are eligible to be considered for selection. In para 12 of the reply respondents No. 1 and 2 have stated that two posts were filled by promotion against the quota of 1987-88. Three posts were filled for the promotion quota of 1988-89, 12 posts have been filled against the promotion quota of Assistant Agriculture Chemist and Agriculture Research Officer against the year 1989-90 and the year 1991-92. On the basis of the averments made in the reply, the respondents have asserted that rules regarding determination of vacancies and the quota have been followed strictly and the petitioners cannot make any grievance against the recruitment being made through the agency of the Rajasthan Public Service Commission. In separate reply filed by them S/Shri Rajendra Kumar Sharma, Mahesh Kumar and Ramesh Chand Chandak have stated that between 1982 to 1985 no vacancies arose in the cadre of Assistant Agriculture Chemist. Vacancies for the years after 1985 have been determined and have been advertised on 21.12.90. A screening test was held on 1.12.91. Result of the screening was published in Dainik Navjoyti, dated 9.1.92. The Commission declared that 15 candidates have passed. Out of the ten vacancies advertised by the Rajasthan Public Service Commission five are of general category vacancies, three are reserved for Scheduled Caste and two for Scheduled Tribes. After publication of the result by the Rajasthan Public Service Commission the State Government had sent requisition to the Commission for 8 more vacancies. Later on one post was reduced and thus, 7 additional vacancies were available before the Commission. Thus, in all 17 vacancies were available to the Commission. The petitioners Nos. 2 to 6 and 8 filled their forms in pursuance in the screening test but, could not succeed. Those candidates who passed the screening test were interviewed by the Commission on 25/26th March, 1992. Thereafter, the Government issued order dated 1.5.92 and appointed 9 candidates on the recommendations of the Commission. Their posting order was issued by the Director, Agriculture on 8.5.92. These respondents have stated that neither in the determination of vacancies nor in maintaining the quota of direct recruits and promotions any illegality has been committed by the respondents No. 1 and 2. These respondents have also stated that the petitioners who took part in the Screening Test and could not succeed have no right to challenge the selection made by the Public Service Commission. Two petitioners who did not choose to fill the applications forms cannot assail the validity of the selection made by the Public Service Commission.
(3.) Rajasthan Public Service Commission has filed a separate reply. It has stated that against the Advertisement dated 21.12.90, 315 application forms were received by the Public Service Commission. After initial screening 301 candidates were found eligible to appear in the screening test. The test was held on L12.91 and the result was declared on 7.L92. After the declaration of the result of the screening test in which 15 candidates were found successful, the State Government vide its letter dated 31.1.92 sent additional requisition for 8 vacancies. The number was subsequently reduced to 7 by another letter dated 233.92. Thus, the Commission was requested to send names against 17 vacancies, i.e. 10 from general category, four from amongst Scheduled Caste and 3 from amongst Scheduled Tribes. In all 28 candidates were called for interview. Of them 15 were from the general category, 7 from amongst Scheduled Caste and six from Scheduled Tribes. However, only 15 candidates were found suitable by the Commission and their names were sent to the Government vide letter dated 31.3.92. Under the directions of the Court two additional affidavits dated 16.10.92 and 22.10.92 have been filed by the respondents No. 1 and 2 giving out the details of the number of vacancies against direct recruitment quota and promotion quota for the years 1979 to 1991-92. In the affidavit dated 16.10.90, break-up of vacancies has been mentioned in Para 5. A somewhat different break-up has been given in the affidavit dated 21.10.92. Detailed averments made in the two affidavits will be referred to in the latter part of the judgment.;