Govind Mathur, J. - (1.) WHILE exercising powers under proviso to Article 309 of the Constitution of India, the Governor of Rajasthan framed the Rajasthan Civil Services (Absorption of Ex -Servicemen) Rules, 1988 (hereinafter referred to as ''the Rules of 1988 '') with an object to regulate the recruitment of ex -servicemen in Rajasthan Civil Services. As per Rule 2 of the Rules of 1988 the ex -servicemen are eligible for recruitment and appointment to the posts in all Departments of the State Government as specified in Schedule -I and in Ministerial & Subordinate Service cadre with a quota to the extent of 12 1/2% of the total vacancies. As per Rule 5 of the Rules of 1988 the Administrative Department or the Head of the Department, as the case may be, shall, in respect of the posts specified in Schedule -I determine every year, as far as possible in the month of April, the number of vacancies anticipated during the year according to the quota prescribed in Rule 2 and communicate the same to the Secretary, Rajya Sainik Board alongwith the qualifications for direct recruitment for the concerned posts. The appointments of the ex -servicemen are required to be made as per provisions laid down in the relevant service Rules.
(2.) RESPONDENT Rajasthan Public Service Commission under a notification dated 9.4.2007 invited applications from the eligible desirable aspirants to face the Sub Inspector Police Combined Competitive Examination, 2007 conducted for the purpose of making recruitment to various posts including the posts of Sub Inspector Police (A.P.), Platoon Commander, Sub Inspector Police (M.B.C.) under the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter referred to as ''the Rules of 1989 ''). The petitioner, an ex -serviceman, by this petition for writ, is claiming reservation for exservicemen in Sub Inspector Police Combined Competitive Examination, 2007 as per the provisions of the Rules of 1988. The contention of counsel for the petitioner is that the post of Sub Inspector is prescribed under Schedule -I of the Rules of 1988 and, therefore, recruitment to the posts aforesaid must be made by prescribing reservation in a tune of 12 1/2% of the total vacancies.
(3.) IN reply to the writ petition, it is stated by the respondents that by notification dated 9.4.2007 a process of selection has been initiated against 244 vacancies and 33 posts have been separately determined to be filled in from the eligible candidates under exservicemen quota and for that purpose necessary amendments in the Rules of 1989 is under contemplation. It is urged by counsel for the respondents that though the reservation is prescribed under the Rules of 1988 for ex -servicemen but the same is not given under the Rules of 1989, therefore, the vacancies relating to ex -servicemen were not notified. Heard counsel for the parties.;