M.N. Bhandari, J. - (1.) WITH the consent of learned counsel for the parties, writ petitions were heard finally.
(2.) THE Rajasthan Public Service Commission (in short "RPSC") issued an advertisement on 15th May, 2015 to invite applications for the post of Assistant Public Prosecutor Gr.II (in short "APP Gr.II"). In pursuance to the said advertisement, application was to be submitted On -line. The applications of the petitioners were not accepted On -line because they were not confirming to the criteria of age. In fact, petitioners became overage for selection in pursuance to the advertisement dated 15th May, 2015. They accordingly approached this court by these writ petitions wherein interim order was passed in their favour. The petitioners were permitted to submit application Off -line. The reason for passing interim order is that out of total vacancies so advertised by the RPSC on 15th May, 2015, 159 posts of APP Gr.II have been kept subject to final outcome of pending SLP before Hon'ble Apex Court. It so happened that earlier an advertisement was issued by the RPSC somewhere in the year 2011 to invite applications for the post of APP Gr.II. In pursuance to the said advertisement, selections were made followed by declaration of result. The dispute about questions and answers set by the RPSC was raised thus, several writ petitions were filed before this court. Those writ petitions were allowed finding that various answers set by the RPSC and even expert opinion taken therein were not proper. A direction was accordingly given for change of answer of certain questions and thereupon to conduct interview after preparation of the list afresh. On challenge to the said judgment before the Division Bench, entire selection process in reference to the advertisement dated 26th May, 2011 was quashed with a direction to hold process of selection afresh. The matter is now pending before Hon'ble Apex Court in various appeals wherein certain interim orders have been passed. In pursuance to one interim order, the Government has appointed 148 candidates on the post of APP Gr.II but their appointments were made subject to final outcome of the pending SLP. It is stated that 34 candidates did not join after appointment offered to them. In the meanwhile, the RPSC was permitted to amend the rules, if they so choose but it was to be within a period of three months from the date of order of the Hon'ble Apex Court. The advertisement in question was issued by the RPSC in the meanwhile to invite applications against 275 posts, out of which, selection against 159 posts has been kept subject to final outcome of the pending SLP. The claim of the petitioners is against those 159 posts, which are of the year 2011 -12. The petitioners were within age limit at the relevant time. If the selection, so conducted, in pursuance to the advertisement dated 26th May, 2011 is quashed by the Hon'ble Apex Court, obviously all the posts so advertised would be filled in pursuance to the advertisement in question. In that case, the petitioners should be treated within age against 159 posts of the year 2011 -12. In case, selection earlier conducted in pursuance to the advertisement dated 26th May, 2011 is maintained, obviously for the posts came after the year 2011 -12, petitioners would be overage. The aforesaid background was basis for passing interim order. The prayer is now to consider the petitioners to be eligible and accordingly after declaration of result, if they qualify in the selection and stand in merit, be given appointment.
(3.) LEARNED counsel appearing for RPSC and the State of Rajasthan have opposed the petition. It is submitted that so far as posts advertised vide advertisement dated 15.05.2015 are concerned, all the petitioners were allowed to submit application Off -line provisionally in view of interim order of this court. The petitioners are otherwise over -aged as per the terms of advertisement and in consonance to the rules. The prayer made by the petitioners may thus not be accepted. It is however true that controversy in regard to selection and appointment of 159 candidates in pursuance to the advertisement dated 26th May, 2011 is pending consideration before Hon'ble Apex Court. The appointments against those posts have been given provisionally in view of interim order passed by the Apex Court but those are made subject to final outcome of the SLP. In view of above, while adding 159 posts in the new advertisement dated 15.05.2015, it was made clear that those posts would remain subject to final outcome of the pending SLP. If those appointments are maintained, the RPSC would recommend appointments only against remaining post out of 275 posts so advertised. Thus if at all claim of the petitioners is accepted, it may be clarified that it would be against 159 posts and not otherwise. If ultimately appointment of the candidates in pursuance to the advertisement dated 26th May, 2011 is maintained, then petitioners would have no claim being overage for the post so advertised on 15.05.2015.;