PUSHPENDRA SINGH BHATI,J. - (1.) The petitioner has preferred this writ petition for the following reliefs:- "a) by an appropriate writ, order or direction, any order denying candidature of the petitioner for the post of Junior accountant and TRA against the category of BC, RG, ME may kindly be quashed and set aside. b) by an appropriate writ, order or direction, the respondents may kindly be directed to consider candidature of the petitioner as BC, RG, ME Category as he is working as Lower Division Clerk (Ministerial Staff) and permit the petitioner in the further selection process for the post of Junior Accountant and Tehsil Revenue Accountant in pursuance of advertisement dated 18.09.2013 (Annex.1) c) by an appropriate writ, order or direction, the respondents may kindly be directed to afford appointment to the petitioner on the post of Junior Accountant and Tehsil Revenue Accountant as per his merit status in pursuance of the advertisement dated 18.9.2013 (Annex.1), if otherwise he stands in merit against the category of BC, RG, ME with all consequential benefits. d) Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. e) Writ petition filed by the petitioner may kindly be allowed with costs."
(2.) The Brief facts as noticed by this Court are that the Rajasthan Public Service Commission, Ajmer issued advertisement dated 18.9.2013 whereby applications were invited for the post of Junior Accountant and Teshil Revenue Accountant (TRA). The petitioner working as LDC with Sardar Patel University of Police, Security and Criminal Justice, Jodhpur (Established under the State Legislative Assembly Act of the Government of Rajasthan) submitted his online application form for the post of Junior Accountant and TRA on 19.10.2013. The respondents subsequently amended the advertisement on 16.4.2015 by bifurcating the post of Junior Accountant and TRA category-wise. The petitioner again filled his application on 11.6.2015 mentioning his category as Ministerial Employee (ME), which is clear from Annex.7. The petitioner went for document verification in the selection process for the post of Junior Accountant at RPSC after seeking no Objection Certificate from Sardar Patel University. The petitioner's candidature was considered by the RPSC on account of the fact that the petitioner did fall under ME Category as he was working as LDC with Sardar Patel University.
(3.) As per counsel for the petitioner, reservation is provided under the Rajasthan Subordinate Accounts Service Rules, 1963 (hereinafter referred to as the Rules of 1963). Rule 6 of the Rules of 1963, reads as under: 6. Method of recruitment.-Recruitment to the Service shall be made in the manner specified in column 3 of the Schedule by recruitment in accordance with Part IV of these Rules; Provided that (i) if the appointing authority is satisfied in consultation with the Commission that suitable persons are available in a particular year for appointment as Accountants by either promotion or direct recruitment, appointment by either method in relaxation of the prescribed proportion may be made in the same manner as prescribed in these Rules; and (ii) Special recruitment to the posts of Junior Accountant shall be made from amongst the persons who have passed the Junior Diploma Course Examination and Accounts Clerks according to the criteria and in the manner laid down in Part V of these Rules. ((iii) Provided also further that 12 1/2% of the posts of Junior Accountants to be filled in by direct recruitment shall be reserved for being filled in from amongst the ministerial staff of all the departments of the Government holding a post in the Cadre substantively, subject to their being found otherwise eligible for such recruitment under the Rules. This reservation shall be carried forward only to the next succeeding year.)";