Jaishree Thakur, J. - (1.) THE present appeal has been preferred against the order dated 16.4.2014.
(2.) AN application under Section 5 of the Limitation Act seeking condonation of delay of 44 days in filing the appeal has been preferred. The delay in filing the appeal is condoned and the matter is being disposed of finally on merits. The respondent filed a writ petition claiming that he was working as Class IV Employee in the department of Revenue since 27.11.1995. Vide a Notification/Advertisement dated 11.7.2008, the Rajasthan Public Service Commission invited applications from eligible candidates for the selection of candidates for admission to Patwar School. As per rule 273 under Chapter III of the Rajasthan Land Revenue(Land Records) Rules, 1957 (for short 'the Rules of 1957'), selections of candidates for admission to Patwar School was laid down. As per the Rules, 10% quota was fixed for Class IV Employees. The petitioner challenged the said Advertisement/Notification on the ground that it did not provide 10% quota to be reserved for seats for Class IV Employees working in the department who should be considered for being sent to Patwar School. The petitioner sought to question impugned Notification/Advertisement dated 11.7.2008 and also sought a a direction that respondents should comply strictly with the provisions of rule 273 of the Rules of 1957 and notify reserved seats for Class IV Employees in the department.
(3.) THE appellants respondents herein filed reply and submitted that Rule 273 of the Rules of 1957 was deleted on 9.1.2007. The vacancies were advertised in the year 2008 by the Rajasthan Public Service Commission after deleting sub -rule (1) of rule 273 of the Rules of 1957 in which 10% vacancies of Patwaris were to be kept reserved for promotion from Class IV Employees. It was contended that it is the domain of the government to change any service condition at any time and by doing so, Rule 273 of the Rules of 1957 was amended and the reservation of 10% quota provided for Class IV Employees was withdrawn. Accordingly the notification dated advertising was legal and valid since there was no requirement to keep 10% vacancies to be reserved for Class IV employees.;