Veerender Singh Siradhana, J. - (1.) Instant batch of review applications have been instituted seeking review of the order dated 27th March, 2015; in the view of the order passed by the Division Bench reserving liberty to the petitioner -Rajasthan Public Service Commission (for short 'Commission'), to avail of remedy of review in the backdrop of law declared by the Supreme Court in the case of Jitendra Kumar Singh & Anr. v/s. State of Uttar Pradesh & Ors. : : (2010) 3 SCC 119.
(2.) Mr. S.N. Kumawat, learned counsel appearing on behalf of the review petitioner -Commission, reiterating the pleaded facts and grounds of the review applications, emphatically argued that though the order under review dated 27th March, 2015, was made in the presence of the counsel for the respective parties, however, the fact that the judgment rendered by a Coordinate Bench of this Court in the case of Madan Lal & Ors. v/s. State of Rajasthan (S.B. Civil Writ Petition Number 15152 of 2011 and analogous matters), was subjected to intra -court appeal, cannot be brought to the notice of this Court. The Division Bench of this Court, while adjudicating upon the intra -court appeal in the case of Rajesh Singh & Ors. v/s. State of Rajasthan & Ors. : : 2014 (2) WLC (Raj.) 616; took note of the law declared by the Hon'ble Supreme Court in the case of Jitendra Kumar Singh (supra) modifying the operative portion of the judgment and order of the learned Single Judge, held thus: - "61. Upshot of over -all discussions made (supra), all the special appeals (Schedule A) are disposed of and we modify the impugned judgment dt. 27.04.2012 and 08.12.2013 passed by the learned Single Judge to the extent of relaxation in age having been availed by candidates of reserved category and find place in the select list on dint of merit of general/open category vacancies, deserves to be migrated against genera/open category vacancies; but at the same time, candidates availing special relaxation/concessions while participating in competitive test/process of selection, if find place in select/merit list of general/open category vacancies, they are not eligible to be migrated against open/general category vacancies and shall occupy the reserved seat in their respective category; as a result whereof, para (a) of the Circular issued by State Government dt. 11.05.2011 being not in confirmity with the mandate of law can not be made applicable for public employment and accordingly deserves to be quashed & set aside."
(3.) Counsel appearing on behalf of the writ petitioners, Mr. S.P. Sharma, Senior Advocate, vehemently contended that the controversy is no more res -integra in view of what has been held by the Hon'ble Supreme Court in the case of Jitendra Kumar Singh (supra), wherein the Supreme Court held that reserved category candidates do not acquire any advantage in the selection process owning to the concession in fee and age relaxation, which only enables certain candidates belonging to reserved category, to fall within the zone of consideration. Under Para 44 and 48, the Hon'ble Supreme Court, observed thus: - "44. Taking note of the submissions, the Division Bench has concluded by considering questions 1, 2 and 3 that concession in respect of age, fee etc. are provisions pertaining to eligibility of a candidate to find out as to whether he can appear in the competitive test or not and by itself do not provide any indicia of open competition. According to the Division Bench, the competition would start only at the stage when all the persons who fulfill the requisite eligibility conditions, namely, qualification, age etc. are short -listed. We are of the opinion that the conclusion reached by the Division Bench on the issue of concessions and relaxations cannot be said to be erroneous. 48. In view of the aforesaid facts, we are of the considered opinion that the submissions of the appellants that relaxation in fee or age would deprive the candidates belonging to the reserved category of an opportunity to compete against the General Category Candidates is without any foundation. It is to be noticed that the reserved category candidates have not been given any advantage in the selection process. All the candidates had to appear in the same written test and face the same interview. It is therefore quite apparent that the concession in fee and age relaxation only enabled certain candidates belonging to the reserved category to fall within the zone of consideration. The concession in age did not in any manner tilt the balance in favour of the reserved category candidates, in the preparation of final merit/select list.;