PRAKASH PATIDAR & ORS. Vs. STATE OF RAJASTHAN & ORS.
LAWS(RAJ)-2015-8-336
HIGH COURT OF RAJASTHAN
Decided on August 26,2015

Prakash Patidar And Ors. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

MOHAMMAD RAFIQ,J. - (1.) Petitioners have approached this Court by the action of the respondents in not giving them benefit of notification of the State Government dated 16.06.2013 by which certain parts of the State were included in TSP area. Copy of the notification dated 16.06.2013 is placed on record.
(2.) Petitioners applied for appointment on the post of Agriculture Supervisor in response to the advertisement dated 29.5.2013. The last date for submission of application form fixed in the advertisement was 15.7.2013. Petitioners have submitted the application form immediately after issuance of notification dated 16.06.2013 by the State for extending them the benefit of TSP area as they come from the area of District Dungarpur/Banswara/Udaipur.
(3.) It is contended that the Department of Personnel had issued the Circular dated 16.6.2013 under the powers conferred on them under Article 244(1) of the Constitution of India, wherein it had been specifically stated and also clarified that the posts of direct recruitment of the State Government would be filled up to the extent of 45% for Scheduled Tribes and up to 5% for Scheduled Castes and remaining 50% would be treated as unreserved and accordingly the same would be filled up by the local residents under the general category and the said notification had come into effect w.e.f. 16.6.2013. The Agriculture Department issued a notice dated 6.5.2015 informing that the result of the post of Agriculture Supervisor would be uploaded on the website of the university on 20.5.2015. The provisional result sheet has been uploaded on the website of Swami Keshvanand Rajasthan Agriculture University, Bikaner. Vide publication dated 20.5.2015, it was informed to the candidates who have been provisionally selected to appear for verification of documents on 18.06.2015. Some of the candidates who could not appear on that date were vide notification dated 10.06.2015 called to appear on 29.6.2015. Petitioners have given example of the recruitment to the post of Senior Teacher for which the advertisement was issued by RPSC on 28.6.2011 where initially no post for TSP (General) was reserved, but while declaring the result in view of the notification dated 16.06.2013, the deficiency of that advertisement was removed and posts have been reserved for TSP general candidates. Learned counsel for the petitioners has cited the judgement of coordinate bench of this Court in Kanaram Yadav and Ors. RPSC and Anr., RLR 2000 (3) page 161 in support of the contentions.;


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