BHANSALI,J. - (1.) THIS writ petition has been filed by the petitioners seeking following reliefs:- "It is, therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by issuing an appropriate writ, order or direction:- (i) provision contained in Rule 7(3) of the Rajasthan Panchayati Raj Prabodhak Service rules, 2008 to the extent it provides that in the event of non- availability of the eligible and suitable candidates amongst Scheduled Castes and Scheduled Tribes, as the case may be, in a particular year, the vacancy so reserved for them shall be carried forward until the suitable Scheduled Castes and the Scheduled Tribes candidate(s), as the case may be, are available and that in any circumstances no vacancy reserved for Scheduled Castes and the Scheduled Tribes candidates shall be filled by direct recruitment from general category candidates, may be declared ultra vires to the Constitution of India and be struck down. (ii) the respondents may be directed to give appointment to the petitioners on the post of Prabodhak as per their merit in the merit list (Annex.-2) with immediate effect against the post of Prabodhak lying vacant with the respondents. Any other order favourable to the petitioners may also be passed."
(2.) THE writ petition arises in the following circumstances:- The State Government framed Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 ('Rules') with a view to give appointment on the post of Prabodhak in Primary Schools in the State of Rajasthan. The Rules, inter alia, contain the following provision dealing with the reservation of vacancies for Scheduled Castes and Scheduled Tribes:- "Rule-7: Reservation of vacancies for the Scheduled Castes and the Scheduled Tribes:- (1) Reservation of vacancies for the Scheduled Casts and the Scheduled Tribes shall be in accordance with the orders of the Government for such reservation in force at the time of recruitment i.e. by direct recruitment and by promotion. (2) In filling the vacancies so reserved the eligible candidates who are members of the Scheduled Castes and the Scheduled Tribes shall be considered for appointment in the order in which their names appear in the list prepared for direct recruitment by the Committee and in the case of promotion by the Promotion Committee, irrespective of their relative rank as compared with other candidates. (3) Appointment shall be made strictly in accordance with the rosters prescribed separately for direct recruitment and promotion. It the event of non- availability of the eligible and suitable candidates amongst Scheduled Castes and Scheduled Tribes, as the case may be, in a particular year, the vacancy so reserved for them shall be carried forward until the suitable Scheduled Castes and the Scheduled Tribes candidate(s), as the case may be, are available. In any circumstances no vacancy reserved for Scheduled Castes and the Scheduled Tribes candidates shall be filled by promotion as well as by direct recruitment from General Category candidates. However, in exceptional cases where in the public interest the Appointing Authority feels that it is necessary to fill up the vacant reserved post(s) by promotion from the General Category candidates on urgent temporary basis, the Appointing Authority may make a reference to the Promotion Committee and after obtaining prior approval of the State Government, they may fill up such Post(s) by promoting the General Category candidate(s) on urgent temporary basis clearly stating in the promotion order that the general category candidate(s) who are being promoted on urgent temporary basis against the vacant post reserved for Scheduled Castes or the Scheduled Tribes candidates, as the case may be, shall have to vacate the post as and when the candidate(s) of that category become available." A notification dated 31.05.2008 was issued by the Director, Primary Education, Rajasthan, Bikaner for filling up vacancies for the post of Prabodhak in all the Districts of Rajasthan under the provisions of the Rules. The number of posts for Bhilwara District, to which the present petition relate, was indicated at 835. In pursuance to the said notification a merit list dated 30.06.2010 was published, wherein, the petitioners stood in merit at various positions. The merit list contains in all 1593 candidates.
(3.) IT is averred in the petition that one of the candidates sought information under the Right to Information Act and by letter dated 19.10.2011, it was indicated that 54 posts reserved for Scheduled Castes and 140 posts reserved for Scheduled Tribes were lying vacant, a copy whereof has been filed as Annexure-3 with the writ petition; that by another information dated 12.11.2012, it was indicated that 49 posts of Scheduled Castes and 139 posts of Scheduled Tribes were still lying vacant; and that no SC/ST candidates are available in the merit list. The petitioners belonging to General/OBC Category submit that though the posts are lying vacant for the last three years, no recruitment has been held; and though selected persons like them, are available with the respondents, yet, in view of the provisions of Rule 7(3) of the Rules, the posts cannot be filled from General/OBC candidates. Therefore, aggrieved by the provisions of Rule 7(3) of the Rules, the present writ petition has been filed.;