- (1.) The petitioners applied for selection for the post of Assistant Teacher in pursuance of advertisement annex. 1 dtd. 13.6.1998. They approached this Court essentially for complying with the provisions of Section 261(5) of the Rajasthan Panchayati Raj Rules, 1996, which provides for 21% reservation for other backward classes.
(2.) The petitioners have averred in the writ petition that no such reservation was provided for the Backward Class Category and they belong to OBC category and therefore, on account of non-provision of reservation in terms of Rule 261(5) of the Rules, they were denied appointment. This joint writ petition was filed by 4 petitioners.
(3.) While issuing notices in the present writ petition, a coordinate bench of this Court had directed that if any appointment is made, it will be subject to the decision of the writ petition. Subsequent developments after appointment having been made have not been placed on record of the Court. Therefore, it cannot be ascertained whether any specific instance of denial of appointment to the petitioner has happened on account of not providing such reservation. The said Rule was already on statute book, despite this, the said clause of 21% reservation was not included in the advertisement Annex. 1 dtd. 13.6.1998, but it is not known whether the selection process itself was made in accordance with these Rules or not, though the respondents have filed reply to the writ petition and have stated that the reservation of 21% for OBC category as provided in the Rules shall be subject to the order of the State Government in this regard and in absence of any such reservation carved out in such selection process, the petitioner was not entitled to the same.;