- (1.) Though the case has been listed for orders, but looking to the controversy involved and reply has been filed and the controversy to me appears to be simple and not complicated, I will proceed to dispose of the writ petition itself.
(2.) The petitioner Rohitash Singh is un-disputedly a member of Scheduled Caste. The recruitment and appointments to the post of Lower Divisional Clerk in various subordinate courts take place under the Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986 (for short, 'the rules'). Rule 7 provides for reservation of vacancies for the Scheduled Castes and Scheduled Tribes and such reservation has to be in accordance with the orders of the Government for such reservation in force at the time of recruitment that is by direct recruitment and by promotion. Part IV of the rules contains procedure for direct recruitment. Under Rule 16 the examination shall be conducted by the District Judge or by a Senior Judge or Munsif if such power is delegated to any one of them by the District Judge on the basis of likely vacancies during a year. The syllabus of the examination shall be as given in Schcdule-I. A look at Schedule I to the rules will show that for Lower Division Clerk there has to be a written examination in two papers i.e. English and Hindi, each of 100 marks and then Type test of English or Hindi of 100 marks.
(3.) Certain vacancies had occurred in the court of District and Sessions Judge, Dungarpur and in accordance with part IV of the rules, a competitive examination was held. Some vacancies were reserved for S.C. and S.T. candidates and the petitioner being a member of Scheduled Caste also applied for one of the vacancy. It appears that he passed the written test and under order dated 30th August 1991 he along with others was appointed on the post of LDC on temporary basis upto February 1992. So far as petitioner is concerned, it appears that because of the Government circular No. F. 7(1) Appointments/A-5/71 dated 21.5.1975, a copy of which was also endorsed to the Rajasthan High Court and it is not known whether it was adopted by the High Court or not and Mr. Rastogi learned counsel for the High Court gave out that he is unable to say as to whether the said circular has been adopted by the High Court or not, the learned District Judge while appointing the petitioner as LDC as aforesaid as a result of the written competitive examination granted six months time to the petitioner to pass the type test as he was absent on the day when the type test was taken. A reference in the order of appointment of the petitioner was also made to the said circular. The petitioner on his own requested for transfer to the District and Sessions Judge, Jaipur District.;