- (1.) By way of this writ petition, the Court has been called upon to decide the following issues:- A. Whether the cadres of the Patwaris posted in the Revenue (Land Records) and Colonisation Departments are different? B. Whether the action of the State Government in meting out different treatment to the Patwaries posted in the Colonisation and Revenue (Land Records) Departments respectively for selection to the post of Inspectors by direct competitive examination can be termed as arbitrary and unconstitutional being violative of the fundamental right of equality guaranteed under Articles 14 & 16 of the Constitution of India? C. Whether this Court sitting singly is empowered to read down the language of a statutory provision?
(2.) The services of both kinds of Patwaris posted in either the Revenue (Land Records) or the Colonisation Department are governed by the same set of Rules i.e. The Rajasthan Land Revenue (Land Records) Rules, 1957 (hereinafter referred to as 'Rules of 1957').
(3.) Some of the relevant provisions from the Rules of 1957 which are germane for deciding the controversy in issue are reproduced herein below for the sake of ready reference:- "272. Conditions for Admission.- (i) Candidates for admission to Patwar Schools will be (a) Patwaris, and (b) other candidates. (a) Patwaris, who have been appointed subject to the conditions as laid down in paragraph (4)(c) and have still to pass the examination, will be allowed to attend the school with the permission of the Collector, Patwaris appointed conditionally will ordinarily be removed if they fail to pass the examination within two years, unless his case is governed by Cl.(i) or Cl.(ii) of the proviso to subpara (c) of para 4 (b) Candidates selected under Rules 273 and nominated by the Collector or the Board (ii) & (iii) [Deleted] (iv) No candidate, who has once been enrolled in any Patwar School, will be admitted to another similar school except for sufficient reasons to be certified by the Officer-incharge. A certificate of classifications obtained by concealing the facts of previous enrollment in another school shall be void." "273. Selection of candidates for admission to the school.-(1) Selection of candidates for admission to the School shall be made by a Competitive Examination to be conducted by the Board in the manner given hereunder: Provided that 10% of the total vacancies of the posts of the Patwaries shall be reserved for appointment of Class IV employees of the Land Revenue (Land Records) Department who have passed the High School Examination and are substantive Class IV Servants and who qualify in the examination to be conducted by the Collector. If suitable hands are not available, the vacancies so reserved need not be carried forward but shall be filled from other selected candidates as usual: Provided further that out of the total number of vacancies for direct recruitment in a district, 80% of the vacancies shall be filled from candidates who are residents of the district as indicated in the certificate of secondary school examination and 20% vacancies shall be filled from general candidates. A candidate shall be required to indicate clearly the district and vacancies for which he intends to apply. If a candidate intends to apply against 20% vacancies he shall indicate the same in his application. After examination, if the said 80% vacancies reserved for residents of the district are not filled, the same may be filled from amongst the successful candidates who have passed the examination against 20% vacancies. For the purpose of filling the 20% vacancies from general candidates, selection shall be made on the basis of merit of the successful candidates who have given option against 20% vacancies. " "4. Appointments.- (a) A Patwari shall be appointed to each circle. (b) Only such persons who have obtained Patwar School Certificate shall be eligible for appointment as Patwaries, Additional Patwaries or Assistant Office Qanungo: Provided that they are not below 18 years and above 31 years of age on the date of appointment. In the case of candidate belonging to Scheduled Caste/Scheduled Tribe the upper age limit shall de-relaxed by five years: Provided further that- (i) a person who has worked as Patwari under State Government for not less than 15 years and whose confidential reports are found to be satisfactory and who has appeared to the Patwar examination and failed and who is above forty five years of age, may be exempted from passing the patwar examination by the Collector: (ii) a person who has obtained Patwar Training School Certificate shall be deemed to be within the age limit even though he has crossed the upper age limit on the date of appointment as Patwari but was within age limit at the time of his selection and admission to Patwar Training School; (iii) a person appointed as Patwari prior to the first January 1971 by the Appointing Authority in accordance with these rules except that he had passed the middle school examination, but not the High School/Secondary examination at the time of his appointment he shall be deemed to have been regularly appointed as a patwari from the date on which he passed the patwar school examination or from the date on which he completes 15 years of service on the post of patwari, whichever is earlier; (iv) a person selected for patwar training by the Colonisation Commissioner and obtained training in the Patwar Training School and declared successful by the Secretary (Land Records) board of Revenue shall be deemed to be a trained Patwari. (c) Collectors or Colonisation Commissioner shall send requisition for the trained patwaries to the Secretary (Land Records), Board of Revenue. The Board shall select candidates for training and make available trained patwaries to Collectors. (d) On allotment by the Board, the appointment of Patwaries' Additional Patwaries and Assistant Office Qanungo shall be made by Collector or Colonisation Commissioner. Collector or Colonisation Commissioner shall intimate about all appointments of patwaries to the Secretary (Land Records) Board of Revenue. (e) No Patwari shall be posted to a circle which includes his home village or in which he or his nearest relations hold some immovable property lands for cultivation. (f)(i) Except as otherwise provided in subclause (ii), the service of a temporary Government servant shall be liable to termination at any time by a notice in writing given either by the Patwari to the appointing authority or by the appointing authority to the Patwari. The period of such notice shall be one month unless otherwise agreed to by the appointing authority and by the Patwari: Provided that service of such Patwari may be terminated forthwith by payment to him or a sum equivalent to the amount of his pay for the period of notice or as the case may be for the period by which such notice falls short of the month or by any longer period. The payment of allowances shall be subject to the condition under which such allowances are admissible. (ii) The service of a temporary Patwari:- (a) Who has been in continuous Government service for more than three years: Provided that termination of service consequent on reduction of posts in a cadre under the appointing authority shall take place in order of juniority.";