- (1.) ALL these writ petitions are disposed of by this common order since the point involved in all the writ petitions is common.
(2.) BRIEF facts of the case are that the petitioners were employed as Syces/Watermen. The services of Syces and Watermen have been categorised in Class IV service. According to the )Rajasthan Animal Husbandry Subordinate Service Rules, 1977/ the Rajasthan Service Rules, the appointments on these posts could be made directly. The next post in the Rules of 1977 has been prescribed as Dresser/Lab Attendant,' which is 100% by promotion. All Class IV servants other than those doing purely office job as Peon/Jamadar/Daftari etc. are entitled for he said promotion. The minimum qualification and experience for promotion is VIIIth Class Pass with 5 years experience as Class IV employee. The Dressers/Lab. Attendants are liable for further promotion on the post of Live Stock Assistant and 25% posts are reserved for promotion and 75% for direct recruitment. The qualification for direct recruitment is Secondary or its equivalent with Science Biology as a subject and 9 months' training of Stockman/Compounder. For promotion from the post of Dresser/Laboratory Attendant, the minimum qualification and experience required is VIIIth Class pass with 9 months' training of Compounder and Stockman along with 5 years' experience on the post of Dresser/Laboratory Attendant. It is submitted that the Syces and Watermen are being paid the pay Scale No. 1, which is prescribed for Class IV employees and for Dressers the pay Scale is No. 2. In the present writ petition, the question with regard to the eligibility for training of Live Stock Assistant has been raised. It is submitted that the Dressers and Laboratory Attendants even if are Vth Class Pass with 5 years' experience have been 'allowed to take training of Live Stock Assistant. The Syces and Watermen even if they are having the qualification of more than VIIIth Class and experience of more than 5 years on the said post have not been made eligible. It has also been submitted that the Advertisement which has been issued mentions that the Dressers and Laboratory Attendants who have passed VIIIth Class will be eligible besides those persons who are in the pay scale of Dresser. It is alleged that the petitioners are in the pay scale of Dresser because they have already completed the services of more than 9 years and, therefore, they should also be directed to be eligible for training. The decision given by this Court in Rameshwar Lal vs. State of Rajasthan (1) has been relied upon wherein this court has observed that the departmental employees who possess the qualification of Secondary Examination with Science Biology as optional subject have to be allowed to undertake the training. It is also mentioned that Annexure 5 dated 15.4.89 makes it clear that the Dressers Lab Attendants/Syces/Watermen/Bull Attendants/Poultry Attendants and Swaspars are drawing their pay in the same pay scale of Class IV services. Simply because on account of holding these posts, some seniors are granted selection scales, which is a bit higher than the normal pay scale, that cannot be claimed as a criteria for giving them preference as against others. Seniority may be a criteria for fixing them in a particular grade on the basis of their service but it cannot be made a criteria for admission in a particular course. Reliance has also been placed on the decision of this Court in the case of Gokul Chand vs. State of Rajasthan (2), Vijay Singh Gujar Vs. State of Rajasthan (3) and Vijay Singh Rathore Vs. State of Rajasthan It is submitted that the requirement of Secondary Education with Biology & Science for Syces and Watermen along with the requisite experience is not in accordance with the Rules. On the other hand, Miss Deepa Ajwani, learned Deputy Government Advocate submitted that the judgment given in the case of Rameshwar Lal (Supra) was based on the Circular dated 7.1.8.1 and 18.5.89. The said circulars have since been withdrawn on 23.03.1991 and, therefore, the judgment cited by the learned counsel for the petitioner has no relevance. It has also been submitted that the pay scale of Syces and Watermen is not the same and there is no contravention of the conditions of the advertisement issued. It has also been submitted that in accordance with the guide-lines issued for admission to Live Stock Assistant training course for which necessary approval of the Government has also been taken, it has been provided in Condition No. 17, which is meant for reservation that 10% posts could be reserved for nomination by the Central Government and the State Government. 5% posts are reserved for dependents of the departmental officers/employees. 5% Posts are reserved for employees of the department, which are meant for Syces/Watermen and such other posts and due reservation is being given to them in accordance with seniority and eligibility.
(3.) I have considered over the matter. From the arguments advanced by both the sides it is evident that even in Class IV service, there are two type of services and one of such type of service is for Syces and Watermen etc. Entry No. 10 of the Schedule appended to the Rules of 1977 provides that those Class IV employees could be promoted on the post of Dresser/Laboratory Attendant. The posts of Dresser/Laboratory Attendant is 100% by promotion and, therefore, there is a distinction as well as separate pay scale for two type of services in this Class IV services. It is also true that the reservation to the Dresser is only to the extent of 5% out of 25% for which promotion is to given and 5% reservation is for the posts of Syces/Watermen. It has been admitted on behalf of the respondents that Syces and Watermen have also been be given promotion in accordance with seniority and eligibility. If this is the position then the grievance of the petitioner that they have not been considered prima facie, does not appear to be correct. For the purpose of eligibility criteria of Syces/Watermen, earlier the matter was challenged in the case of Rameshwar Lal vs. State of Rajasthan, referred to above and on the basis of Circular dated 7.1.82 and 18.5.89 directions were given since all the petitioners have been admitted to the training course, they shall be allowed to take up :he training course at their own costs and will be granted leave standing at their credit and if no leave exist then they may be granted study leave as provided by the Rajasthan Service Rules. They may be allowed to clear this course. However, the clearing of this training course will not confer any right on them to get promotion to the post of Live Stock Assistants unless they fulfil the requirements of the Rules of 1977. It was on account of the circulars and the directions which were given by the Court on the basis of which admissions were given to those persons for the training of Live Stock Assistant, that a concession was given. In the present matter, since 25% persons could be given promotion from the post of Dresser to Live Stock Assistant, the persons holding the post and pay scale of Dresser/ Laboratory Attendant have to be given preference. It appears that on the basis of the judgment which was given by this Court in Rameshwar Lal's case (supra) the training has been relaxed even in respect of other Class IV employees, which include Syces and Watermen. On the basis of the Live Stock Training Rules 1992 which have been produced before me as well as on the basis of the admission on behalf of the respondents, the respondents are bound to give admission to the Syces and Watermen. The only question which arises for consideration is with regard to the qualification. The seniority has to be maintained and considered even for giving admission for Live Stock Assistant. The grievance of the petitioners that there should not be any requirement of Secondary with Science Biology, is a matter for which directions cannot be given by this court. If the respondents have chosen to give training to those Class IV employees (other than Dressers) who have qualified Secondary Examination then nothing illegal could be said in respect thereof. The fixing of educational qualification is the function of the authorities/employer and not for this Court. There appears to be logic also in prescribing the, said qualification, inasmuch as for the purposes of giving direct appointment on the post of Live Stock Assistant, the qualification which is now required is Secondary and, therefore, if the qualification of Secondary has been prescribed under Rule 5B(ii) 1992 for those Class IV employees who are Dressers/Laboratory Attendant, then no illegality has been committed. These Class IV employees are admittedly not in the pay scale which is being paid to the Dressers/Laboratory Attendants. They may be getting total emoluments by way of increments, which may be equivalent to the Dressers/Laboratory Attendants, but the pay scale for both classes in Class IV service have separately been fixed and those Class IV employees are to be promoted on the post of Dresser and Laboratory Attendant. After having the experience of five years as Dresser/Laboratory Attendant, they are eligible for further promotion on the post of Live Stock Assistant. The experience is one of the part of educational-qualification and the Syces/Watermen who may be Secondary in the subject other than Science & Bi0logy cannot be equated with Dressers and Laboratory Attendants and, therefore, if a concession has been given by the respondents that the Syces/Watermen can also be given training of Live Stock Assistant and have prescribed the qualification, then no illegality can be said to have been committed. In view of the position that if for Syces and Watermen, 5% posts have been reserved then it has to be considered for giving admission in the training of Live Stock Assistant. It has been submitted that the training which is being imparted at Jaipur, Udaipur, Kota and Jodhpur was for one year but has been increased to two years and 50 seats were at each center and all seats have been filled in. Since no illegality has been found in prescribing the educational qualification; the only direction which could be given is to consider the candidature of all eligible candidates in accordance with the criteria fixed in the guidelines issued and 5% reservation which is meant for Syces/Watermen should be filled from those persons only. If this exercises has not been done, then it should now be done. ;