- (1.) THIS writ petition filed by the State of Rajasthan seeks quashing of the judgment of the Rajasthan Civil Services Appellate Tribunal (hereinafter to be referred to as 'the Tribunal') dated 5. 8. 1992 requiring it to re-convene the Departmental Promotion Committee within four months from the date of the said judgment on the finding that the selection recommended by the Departmental Promotion Committee was illegal and against the provisions of the Act, Rules and Circulars.
(2.) FOR the year 1987-88, the Departmental Promotion Committee was convened to recommend the names of the officers for promotion to the selection scale of Rajasthan Administrative Service. The Departmental Promotion Committee considered the names of 83 Officers who appeared in the eligibility list. Out of 27 vacancies for the year 1987-88, 14 vacancies were to be filled on seniority-cum-merit basis and 13 vacancies on merit basis. The bifurcation of the vacancies is simplified by giving the following Chart: - TOTAL VACANCIES (27) SENIORITY CUM MERIT MERIT (14) MERIT (13) GENL (9) SC/st (5) GENL (8) SC/st (5) From the above chart, it would appear that 14 vacancies were to be filled on the seniority-cum-merit basis whereas 13 on merit basis. These vacancies were further bifurcated amongst the General and Scheduled Castes and Scheduled Tribes. Before the Departmental Promotion Committee, the question was about the distribution of three vacancies reserved for SC/st to be allotted on merit basis. The Departmental Promotion Committee directed that due to short fall of 3 candidates in the reserved category which were required to be filled up on merit basis, these 3 vacancies be given to the candidates of general category. According to it, 9 vacancies of general, category to be given to it on seniority cum-merit be reduced to 6 and at the same time the total vacancies of merit quota be increased from 8 to 11. Aggrieved, the State Government has preferred this writ petition. According to its case, the Departmental Promotion Committee could not touch the vacancies determined for the general category of candidates both in the seniority-cum-merit basis and also on merit basis and they should only fill up the short fall of merit quota of reserved category by taking the candidates from the reserved category from the seniority-cum-merit only. The State urged that if that thing was done, the same would be in accordance with the Rules of 1954. We have heard learned counsel for the parties. The relevant Rule 8 (4) of the Rajasthan Administrative Service Rules, 1954 is quoted below: - "8 (4): Appointments shall be made strictly in accordance with the rosters prescribed separately for direct recruitment and promotion. 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 vacancies so reserved for them shall be filled in accordance with the normal procedure and an equivalent number of additional vacancies shall be reserved in the subsequent year. Such of the vacancies which remain so unfilled shall be carried forward to the subsequent three recruitment years in total and thereafter such reservation would lapse: Provided that there shall be no carry forward of the vacancies in posts or class/category/group of posts in any cadre of Service to which promotions are made on the basis of merit alone, under these Rules. "
(3.) IN order to make interpretation of the aforesaid rule easier, the State Government also issued a circular on 11. 9. 1978. The relevant portion of the said circular is reproduced below: - "the number of posts to be filled separately on the basis of seniority-cum-merit and merit should be determined in accordance with the Explanation below sub-rule (6) of the Rule laying down in the revised criteria of eligibility, promotion etc. Selection should first be made for filling up vacancies to be filled on the basis of seniority-cum-merit. Thereafter persons should be selected on the basis of merit for filling up merit quota vacancies. " The normal procedure laid down in the relevant rule and the circular is to apply both the methods of selection i. e. seniority-cum-merit and merit. Since the number of vacancies for both of these methods were fixed, it could not be increased normally. But, as the merit candidates were not available, the exigency required the number of vacancies reserved for SC/st to be filled up. That could be done only by applying the remaining method i. e. seniority-cum-merit. The normal result could be achieved by filling of the reserved vacancies from SC/st and not by transferring them to general category. If that is not done, the whole object and purpose would be defeated. The normal rule is that the words ought to be understood according to their plain and natural signification and import, unless by such exposition a contradiction or inconsistency would arise. The interpretation which we intent giving to rule 8 (4) would serve the purpose for which that had been framed. ;