V.S. Dave, J. - (1.) Both the aforesaid appeals are filed against the order of the learned Single Judge, dated November 24, 1992 in S.B. Civil Writ Petition No. 6743/91, S.K. Agarwal and Others v. State of Rajasthan & Others and S.B. Civil Writ Petition No. 3425/92, A.K. Jain and Others v. R.P.S.C . Since the impugned order is the same, both these appeals are disposed of by this single judgment.
(2.) Shri A.K. Jain, Shri S.S. Kapde, Shri Sunil Jain and Miss Sangita Agarwal filed a joint writ petition. Rajasthan Public Service Commission had issued advertisement No. 6/90-91 dated 21st December, 1990 which was published in Rajasthan Patrika, Jaipur Edition on 9th January, 1991 whereby it invited applications for different posts including the post of Asstt. Agriculture Chemist which post had subsequently been designated as Agriculture Research Officer.I Ten posts were advertised out of which three posts were reserved for Scheduled Caste candidates and two for Scheduled Tribes candidates. Regarding academic qualifications the requirement was atleast IInd class Masters Degree in Chemistry, Agriculture Chemistry or Social Science or associated I A R I (Agr. Chemist) or any other recognised equivalent degrees obtained from an Indian or Foreign University. All the four petitioners had applied against the said advertisement. On 28th November, 1991, the Government sent requisition for eight additional vacancies. Subsequently by letter, dated 3rd March, 1992, eight posts were reduced to seven and thus the requisition remained for seventeen posts. Screening test was held by the Public Service Commission on 1st February, 1992 and the petitioners passed the Screening Test. In the Newspaper Dainik Navjyoti, Ajmer Edition, dated 9th February, 1992, a list of fifteen candidates was published. It may be mentioned that in pursuance of the first advertisement 315 application forms had been received and after initial scrutiny of the application forms, it was found that only 14 candidates, 8 from category of Scheduled Caste and 6 from category of Scheduled Tribes, had sent their application forms and rest of 301 were from general category. The Public Service Commission looking to the very small number of the application forms as compared to the number of posts reserved for SC/ST categories, had exempted these candidates from the Screening Test. Remaining 301 candidates were allowed to appear in the test and the result had been declared on 7th January, 1992. In view of the fact that initially there were only five vacancies from the general category, the list of 15 candidates was published who were to be called for interview and it was after this Screening Test that requisition of the aforementioned 8 posts of Assistant Agriculture Chemist were reduced to 7 by the State Government. Thus, finally the Commission was to send names for 17 posts, 10 from general category, 4 from Scheduled Caste and 3 from Scheduled Tribes. 28 candidates were called for interview on 25/263.92 and these 28 candidates included 15 from the general category the result of whom was declared on 7th January, 1992, 7 from the category of Scheduled Caste and 6 from the category of Scheduled Tribes. After interview only 15 candidates were found suitable which included 2 from the category of Scheduled Caste and 1 from the category of Scheduled Tribes and on remaining 12 posts the candidates from general category were selected. Since only 15 candidates were found suitable, no reserve list was prepared. The petitioners case was that since the posts had been increased from 10 to 18, the number of candidates to be interviewed should have been increased proportionately as against 5 posts when 15 candidates were called, against another 8 posts 24 more candidates should have been called for interview. The case of the petitioners in the writ petition was that they were not called for interview and, therefore, were deprived of their right of equal opportunity in the matter of employment as guaranteed by Articles 14 and 16 of the Constitution of India. Since the Public Service Commission initially could prepare a reserve list to the extent of 50% of the advertised vacancies as per provisions of Rules 18 and 20 of the Rajasthan Agriculture Service Rules, 1960 (hereinafter referred to as "the Rules of 1960"), not having done that the petitioners filed the writ petition with the prayer that the entire selections made by respondent No. 1 on the post of Asstt. Agriculture Research Officer in pursuance of the Advertisement, dated 21st December, 1990, may be declared to be illegal and the same may be quashed. It was further prayed that the selections made against 8 posts sent by the Government vide their letter, dated 28th November, 1991, may also be declared to be illegal. A further prayer was made that the select list issued by the Public Service Commission on 26th March, 1992, be declared to be illegal and the Commission be directed to hold selections afresh after giving the petitioners full opportunity including the opportunity to be interviewed for the post of Asstt. Agriculture Research Officer.
(3.) Public Service Commission contested the writ petition and submitted that in all 28 candidates were called for interview of whom 15 candidates belonged to general category, 7 from S.C. and 6 from amongst the S.T. It was contended that the Commission had discretion to fix the ratio up to three times and it can call candidates even less than three times of the vacancies but the ratio has never exceeded three times and the additional requisition sent by the State Government after advertisement of the vacancies will not affect the number of the persons to be called for interview.;