Munishwar Nath Bhandari, J. - (1.) THESE writ petitions involves common question of law on same facts thus are heard and decided by this common judgment.
(2.) BY these writ petitions the petitioners have prayed that while filling up the post of Teacher Gr. III in tribal areas so notified, 30% of the posts should be filled from and amongst General candidates of the same district. The contention of the petitioners are that vide advertisement dated 30.10.2006, Rajasthan Public Service Commission invited application for filling up of the posts of Teacher Gr. III. Pursuant to the advertisement aforesaid, all the petitioners submitted applications for consideration of their candidatures. The petitioners were thereafter allowed to appear in the selection but after declaration of the result, none of the petitioners was given appointment to the post of Teacher Gr. III though all of them belongs to the tribal areas. It is contended by the petitioners that Government of India has issued a Gazette Notification on 12.02.1981 notifying certain areas of State of Rajasthan to be Schedule areas pursuant to the Vth Schedule of the Constitution. After declaration of schedule areas, by virtue of the power conferred under Schedule V to the Constitution in reference to Article 244(1) of the Constitution, Governor of the State of Rajasthan also issued Notification dated 11.03.1998 to provide that in the schedule areas, the post falling in the pay scale No. 1 to 6 and in few cases even pay scale 7, the post to be filled by way of direct recruitment would then be reserved 45% for Schedule Tribes and 5% for Schedule Caste candidates of the tribal area and remaining 50% of the post would be filled from general category.
(3.) THE grievance raised by the petitioners is that though petitioners are belonging to schedule areas, however, while filling up of the post of Teacher Gr. III reservations were only extended to 45% in favour of Schedule Tribes and 5% in favour of Schedule Caste candidates whereas earlier when the post of Patwari was filled by the State Government then pursuant to the orders issued at Annex. 7 and 8 (in Writ Petition No. 5260/2007) 30% of the posts were ordered to be filled from the candidates of the tribal area itself which otherwise a reservation provided to general category candidates of the same district. The petitioners have come up with a case that similar benefit should have been allowed to them also. The ground precisely taken above is pressed on the strength of Articles 14 and 16 of the Constitution of India so as to claim parity in the public employment without discrimination.;