Sandeep Mehta, J. - (1.) THE petitioners herein are aspiring candidates belonging to the Scheduled Castes/Scheduled Tribes category hailing from TSP areas and crave appointment as Nurse Grade -II pursuant to an advertisement dated 26.2.2013 issued by the respondent authorities inviting applications from the aspirants against 15773 posts of Nurse Grade -II, 200 posts of Public Health Nurse and 12278 posts of Women Health Workers.
(2.) THE petitioners applied against the first category i.e. Nurse Grade -II while filling the application forms. Since the petitioners hail from a TSP area, they filled their category as TSP SC/ST as the case may be. Under a notification dated 12.9.2007 issued by the Governor of Rajasthan while exercising powers under Article 244(1) of the Constitution of India, 50% of the seats in the TSP area were directed to be reserved for SC/ST category permanent residents of these areas. -
(3.) THE respondents, while advertising the vacancies did not specify the proportionate number of seats for the TSP and non -TSP areas in consonance with the above notification. However, it was mentioned in para No. 4(12) of the advertisement that TSP area reservation would be available as per the government notification dated 12.9.2007. Thus, no option was available for the TSP area SC/ST candidates to mark an option as to whether they were desirous of competing against the TSP area reserved vacancies or sought appointment against the non -TSP reserved quota of seats. While issuing the provisional merit list, the respondents have published separate cut off marks for the different various categories. The cut off for the non -TSP area SC and ST categories has been fixed at 58.7756, much lower than the cut off for the SC and ST categories in the TSP areas, which has been fixed at 62.3057. The petitioners have raised a grievance in these writ petitions that the out come of the inappropriate application of the reservation criterion has resulted into a great anomaly. As per the petitioners, the very purpose of introducing the TSP area reservation through the notification dated 12.9.2007 was that Scheduled Caste and Scheduled Tribe Category persons hailing from the tribal areas should be given an added advantage and should face lesser competition for securing government jobs so as to ensure their upliftment. Learned counsel contends that owing to the incorrect application of the reservation criterion, the whole purpose of the TSP area reservation has been frustrated, inasmuch as, the cut off for the tribals hailing from the TSP area has been fixed at a much higher level than the cut off for these categories in the non -TSP area, thereby creating an absolutely anomalous unfair situation contrary to the very purpose of the notification providing for TSP area reservation. As per the petitioners, the appropriate mode would have been to first consider the candidature of the Scheduled Caste and Scheduled Tribe aspirants of the entire State by preparing a common merit list. Thereby, more meritorious persons in these categories residing in TSP areas would be able to stake their claim against the seats reserved statewide for the Scheduled Caste/Scheduled Tribe candidates. Thereafter, excluding the names of those selected in the statewide Scheduled Caste/Scheduled Tribe category on the basis of their merit, a separate merit list should have been prepared from the remaining TSP area candidates. It is asserted by the petitioners that only by following this procedure, appropriate and meaningful benefit of the TSP area reservation can be extended to the underprivileged tribal area candidates. This argument is built up on the foundation that while inviting the application forms, the aspiring candidates were not asked to exercise any option as to whether they were desirous of being considered only against seats reserved for the TSP area or intended to apply in the statewide reserved quota of seats.;