SANJEEV PRAKASH SHARMA, J. - (1.) Both the writ petitions raise a common question relating to the Rajasthan State and Subordinate Services Combined Competitive Examination, 2016.
(2.) Learned counsel for the petitioners states that the Rajasthan Special Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointment and Posts in Services under the State) Act, 2015, so far as it provided 5% reservation for Special Back Classes is concerned, was quashed by this Court in Writ Petition No.1645/2016, decided on 09/12/2016. The said judgment was challenged by the State of Rajasthan in Supreme Court in Civil Appeal Nos.1464-1466 of 2017 wherein the Apex Court passed status-quo order. However, after hearing, later on passed following order on 09/05/2017:- "9. Having regard to the above-mentioned facts and circumstances, we deem it appropriate to pass the following order:- (i) All the posts originally advertised shall be filled up strictly in accordance with law i.e. without applying the provisions of THE ACT. (ii) The State is at liberty to appoint the above- mentioned 1252 candidates belonging to the "special backward classes" to the various posts on a temporary basis by creating supernumerary posts in different categories, if so advised. However, any appointment so made shall not confer any right on such candidates for any appointment on permanent basis in the eventuality of the instant appeals being dismissed. (iii) The State must incorporate appropriate provision in the appointment orders to be issued to indicate the temporary nature of the appointment as indicated in paragraph (ii). (iv) The State shall proceed to make appointments of the originally advertised posts in accordance with law without waiting for the disposal of the instant appeals. , (v) We also direct that the Annexure R-2 referred to above shall be appended to this order." 2.1 The order passed by the Supreme Curt is taken on record.
(3.) Learned counsel for the petitioners further submits that in spite of order passed by the Apex Court on 09/05/2017 (supra), Rajasthan Public Service Commission (RPSC) has proceeded to conduct selection on the basis of original advertisement dated 28/04/2016 wherein 5% posts were separately earmarked for Special Backward Classes for which the selection has already been quashed.;