- (1.) Since the common questions of law are involved in all these three petitions, the same are disposed of by one single order.
(2.) The first ground of challenge is that rule 28(6) of the Rajasthan Legal State and Subordinate Service Rules, 1981 be declared as discriminatory and arbitrary as they are in violation of the provisions of Articles 14 and 16 of the Constitution of India. The provisions of sub-rule 4, 5 and 6 of the Rule 28 reads as under :- "(4) subject to the provisions of sub-rule (6), selection for promotion from the posts of Legal Assistant to the posts of Head Legal Assistant in the Service shall be made strictly on the basis of seniority-cum-merit from amongst the persons who have put in at least five years' service, unless a different period is prescribed elsewhere in these rules, on the first day of the month of April of the year of selection on the post or category of post from which selection is to be made : Provided that in the event of non-availability of period of service of five years, the Committee may consider the persons having less than the prescribed period of service, if he fulfills the qualifications and other conditions for promotion prescribed elsewhere in these rules, and are found otherwise suitable for promotion on the basis of seniority-cum-merit. (5) Selection for promotion from the posts of Head Legal Assistant to the post of Assistant Legal Assistant Draftsman/Assistant Legal Remembrancer in the Service shall be made on the basis of merit and on the basis of seniority-cum-merit in the proportion of 50:50. Provided that if the Committee is satisfied that suitable persons are not available for selection by promotion strictly on the basis of merit in a particular year, selection by promotion on the basis of seniority-cum-merit may be made in the same manner as specified in these rules. Explanation- If in the Service, in any category of posts, number of posts available for promotion, is an odd number then for purpose of determining the vacancies for selection by promotion on the basis of seniority-cum-merit and merit in the proportion of 50:50: the following cyclic order shall be followed:-The first vacancy by seniority-cum-merit; The subsequent vacancy by merit; The cycle to be repeated. (6) - Selection for promotion from the posts of Assistant Legal Draftsman/Assistant Legal Remembrancer to the service shall always be made on the basis of merit alone."
(3.) The provisions of sub-rule (7) which was substituted on 11th May, 1976 are as under:- "Selection for promotion to the highest post/posts in the State Service shall always be made on the basis of merit alone; provided that:- (a) in a service or groups or sections thereunder, where there are only two scales e.g. junior scale or senior scale and there is only one promotion then promotion shall be made on the basis of seniority-cum-merit alone; (b) in a service or groups or sections thereunder where there are three scales e.g. Junior scale, senior scale and selection scale and there are two promotions then promotions will be as under:- (i) first promotion on the basis of seniority-cum-merit. (ii) second promotion on the basis of seniority-cum-merit and merit in the proportion of 50:50. (iii) in service or Groups or Sections thereunder, where there are more than two promotions then first promotion shall be made on the basis of seniority-cum-merit alone and promotion to subsequent higher posts shall be made on the basis of seniority-cum-merit and merit in the proportion of 50:50: except to the higher post.";