- (1.) INSTANT batch of petitions have been filed by the petitioners who are Ex -Servicemen having discharged from Armed Forces but are not holding one year's experience as provided u/R. 16 of the Rajasthan Vidhyalay Sahayak Subordinate Service Rules, 2015 (hereinafter shall be referred to as "the Rules, 2015") which envisages that a candidate for direct recruitment to the post enumerated in the Schedule -I shall possess academic qualification and experience indicated in Column -4 of Schedule -I appended to the scheme of Rules, 2015 to participate in the selection process initiated by the respondents for the post of Vidhyalay Sahayak under the Rules, 2015.
(2.) THAT 30,522 vacancies of Vidhyalay Sahayak have been advertised by the respondents, pursuant to advertisement dt. 21.07.2015 inviting applications from the eligible candidates who intend to participate in the selection process for direct recruitment under the Rules of 2015. Counsel for petitioners appearing for the petitioners, who are Ex -Servicemen, jointly submit that 12 1/2% of posts in State Civil Services have been reserved for Ex -Servicemen in various departments of the State Government under the 'Rajasthan Civil Services (Absorption of Ex -Servicemen) Rules, 1988 and u/R. 2 of the Rules with a non -obstante clause provides that in any existing Rules regulating recruitment and promotion of persons in various services of the State or in the Rules that may be framed thereafter, the Ex -Servicemen shall be eligible for recruitment and appointment to the posts the departments of the State Government as specified in Schedule -I and 12 1/2% of the posts in ministerial and subordinate services are reserved/earmarked for them. However, the list of posts and department in which Ex -Servicemen may be employed in the State Government has been specified in Schedule -I, as provided u/R. 2 of the Rules, 1988 and the procedure of selection has also been specified.
(3.) COUNSEL submits that while putting a condition of one year's experience as condition of eligibility for the post of Vidhyalay Sahayak the very purpose of absorbing Ex -Servicemen under the Rules, 1988 and holding them to be eligible for recruitment and appointment to the posts in the departments of the State Government stands frustrated and they are not supposed to hold experience being Ex -Servicemen and the requirement of one year's experience, as one of the condition of eligibility, which has been provided in Column -4 of Schedule -I appended to the scheme of Rules, 2015 is arbitrary and unconstitutional and in fact for all practical purposes as along as the minimum experience of one year remains as a condition of eligibility for a candidate to participate in the selection process to be held pursuant to the advertisement dt. 21.07.2015 under the Rules, 2015 for the post of Vidhyalay Sahayak, the very purpose of providing reservation of vacancies of 12 1/2% for Ex -Servicemen will remain an empty formality and will be complete farce since Ex -Servicemen indisputably may not have a kind of experience which is required and indicated by the rule making authority under the present scheme of Rules, 2015 and it appears that the rule making authority has not applied its mind while incorporating one year's experience of working as one of the condition of eligibility provided u/R. 16 of the Rules, 2015 particularly for the Ex -Servicemen persons for whom reservation has been provided under the special scheme of Rules, 1988.;