N.L. Tibrewal, J. - (1.) The principal short question that falls for consideration in the present writ petition is as to whether appointment on the posts of Lecturer in Geography for College Education in excess of the number of posts advertised is permissible? In other words, whether the equality clauses contained in Articles 14 and 16 of the Constitution is infringed if recruitment is made from the reserve list on more posts which became available after the date of the advertisement?
(2.) The factual position, at a glance, as disclosed by the materials produced before this Court is : the Director-Education, Rajasthan, vide his communication dated August 8, 1995 had sent a requisition to the Rajasthan Public Service Commission (for short 'Commission') for selecting suitable candidates to fill up 25 vacancies of College Lecturers in Geography. In these posts, 12 posts were of the year 1994-95 and the remaining 13 posts were of the year 1955-96. Out of them 4 posts were reserved for the members of Scheduled Castes, 3 for Scheduled Tribes and 5 for Other Backward Classes. On receipt of the requisition, the Commission issued and published an advertisement, dated 8.11.1995, inviting applications from eligible candidates to fill up the vacancies and last date for receipt of applications was fixed as November 30 1995. Pursuant to the above advertisement, 188 candidates had applied, out of them, on scrutiny, 117 candidates were found eligible to be called for the interviews. Before the interviews were held and selections were made, an additional list of 13 vacancies was further intimated vide communication, dated 12.2.1996, by the Director-Education to the Commission as per the proviso to Rule 16 of the Rajasthan Educational Service (Collegiate Branch) Rules, 1986 (hereinafter referred to as 'the Rules of 1986'). Thereafter, interviews of the candidates were held from 15.4.1996 to 18.4.1996 and a select list of 38 candidates, as per the requisitions were prepared in order of merit by the Commission and the same was forwarded to the Government vide letter dated 9.5.1996. The Commission had also prepared a reserve list of 38 candidates as provided in Rule 30. As per select list, the Director-Education appointed 37 persons as College Lecturers in Geography vide order dated 1.7.1996. From reply of the State Government it further transpires that four more persons from the reserve list were given appointment vide order 3.7.1996 which occurred due to non-joining of the appointees of the year 1995. Apprehending further appointments from the reserve list to fill up other vacancies, the petitioner filed the present writ petition, in which the principal prayer is to restrain the State Government from making further appointment(s) from the reserve list in excess to the posts for which selections were held.
(3.) Before adverting to the contentions raised by the learned counsel on both sides, it would be convenient to refer necessary provisions of the Rules of 1986 which govern and regulate recruitment to the posts in question. As per the Rules, appointment of College Lecturers is 100% by direct recruitment. Rule 28 provides that appointment to posts in the service by direct recruitment of selection shall be made by the Government on occurrence of vacancies from time to time, as may be determined by the Government. Part IV in the Rules deals and prescribes the procedure for direct recruitment. Rules 16 and 20 which are relevant for our purpose, are as under "16. Inviting of Application-Applications for direct recruitment to D posts in the service shall be invited by the Commission by advertising the vacancies to be filled in the official Gazette or in such other manner as may be deemed fit. Provided that while selecting candidates for the vacancies so advertised, the Commission may if intimation of additional requirement 5 not exceeding 50% of the advertised vacancies is received by them before selection, also select suitable persons to meet such additional requirement." "20. Recommendation of the Commission-The Commission shall prepare a list of candidates, whom they consider suitable for D appointment to the posts concerned, arranged in order of merit and then the Commission shall forward the list to the Government Provided that the Commission may also to the extent of 100% of the vacancies finally intimated before the selection keep names of suitable candidates on the reserve list. The Commission may on requisition, 5 recommend the name of such candidates in order of merit to the Government within twelve months from the date of which the original list if forwarded by the Commission to the Government.";