Veerender Singh Siradhana, J. - (1.) IN view of the urgency expressed by the learned counsel for the parties, the matter has been taken up for final adjudication at this stage with their consent.
(2.) COMPLAINING of excess reservation accorded to the reserved category, in the process of recruitment initiated vide advertisement dated 5th December, 2011, the petitioners have instituted the instant writ application praying for the following relief(s): - "(i) by an appropriate writ, order or direction, the action of the respondent RPSC in not clarifying the position in respect of the reservation under the advertisement dated 5th December, 2011 before examination and even before written examination for the purposes of recruitment on the post of Motor Vehicle Sub Inspector under the Rajasthan Transport Subordinate Service Rules, 1963 and further in issuing the corrigendum after written examination and even after declaration of the result notifying the post of reservation beyond prescribed quota may kindly be declared as illegal, arbitrary, unreasonable and malafide; (ii) by an appropriate writ, order or direction, the respondents may kindly be directed to abide by the reservation and not to fill up the post beyond reservation from the reserve category consequently proceedings further afresh declaring the result of the written examination on the basis of the correct bifurcation of the post abiding Rule of Reservation in correct prospective and calling the candidates for interview on the said post and considering the candidatures of the petitioners for appointment on the post of Motor Vehicle Sub Inspector under the said advertisement dated 5th December, 2011. (iii) Any other order which this Hon'ble Court considers expedient, just and proper in the facts and circumstances of the case may kindly be granted in favour of the petitioner; and (iv) Cost of this writ petition may kindly be awarded in favour of the humble petitioner." Briefly, the indispensable skeletal material facts necessary for appreciation of the controversy raised herein needs to be first noticed. The Rajasthan Public Service Commission (for short, 'Commission'), issued an advertisement dated 5th December, 2011, inviting online applications from eligible candidates for appointment to 41 posts of Motor Vehicle Sub Inspector under the Rajasthan Transport Subordinate Service Rules, 1963 (hereinafter referred to as the 'Rules of 1963', for short). It is pleaded case of the petitioners that category -wise break up of vacancies for General and Reserve Categories was not indicated in the advertisement, and the same was to be notified after ascertainment of the factual position from the administration. Being eligible, the petitioners participated in the recruitment process for which written examination was conducted on 27/28th February, 2012. A corrigendum was issued after the written examination on 11th April, 2012, indicating the category -wise break up of posts for General and Reserved Category Candidates indicating 3 posts for General Category out of 41 and rests for the Reserved Category of SC/ST/OBC. On 20th April, 2012, the Commission declared the result of the written examination indicating the petitioners to have 'qualified for interview'. Another corrigendum by the Commission followed on 27th April, 2012, indicating horizontal reservation for ex -serviceman to the extent of 4 posts out of total 41 posts. The grievance of the petitioners, is, that the respondents have accorded reservation more than the ceiling of 50%, violating the mandate of Article 14(4) of the Constitution. The action has also been assailed for being contrary to Rule 7 and 7A of the Rules of 1963.
(3.) LEARNED counsel for the petitioners, reiterating the pleaded facts and grounds of the writ application, asserted that reservation for the Reserved Category i.e. ST/SC/OBC, is permissible to the extent of 12%, 16% and 21%, respectively. For the break up of the posts for General Category and Reserved Category advertised, it is further urged that a bare perusal of break up of vacancies, indicating category -wise break up for Reserve and General Categories, would indicate that the State -respondents have extended reservation to the extent of 93%; which is violative of Article 14, 16 and 21 of the Constitution.;