ASHOK KUMAR GAUR,J. - (1.) The issue raised in the present writ petition is with regard to considering the cases of Ministerial Staff working in subordinate courts for appointment on the post of Junior Accountant against reservation provided under proviso (iii) of Rule 6 of the Rajasthan Subordinate Accounts Service Rules, 1963 (hereinafter referred to as "the Rules of 1963"). The Rajasthan Subordinate Accounts Service Rules, 1963 were amended on 23rd January, 1985 by virtue of an amendment by adding proviso (iii) after the existing proviso (ii) to Rule 6, as under:- "(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."
(2.) The petitioners are employees of various departments of Government of Rajasthan and are members of Rajasthan Subordinate Offices Ministerial Staff Rules, 1999. All the petitioners participated in Junior Accountant and Tehsil Revenue Accountant Competitive Examination, 2013 in pursuance of advertisement dated 18th September, 2013. The petitioners have submitted that by way of Corrigendum no.10/2014-2015, Rajasthan Public Service Commission published a tabular statement of the post of Junior Accountants and it was mentioned that 437 posts were horizontally reserved for the Ministerial Staff. The RPSC issued another Corrigendum dated 16 th April, 2015 and thereafter on 10th August, 2016 with regard to increase of number of posts and permission to candidates to edit their applications.
(3.) The RPSC conducted the written examination on 4 th October, 2016 and the answer-key was uploaded on 6 th October, 2016, and result was declared on 7th November, 2016. The petitioners have submitted that two times, revised results were declared and final revised result was declared on 16th May, 2017 and all the petitioners were declared 'pass' in the said examination and their names appeared in the reserve-list/waiting list. The petitioners have submitted that after declaration of the final result, they came to know that the respondent-State Government and RPSC intended to include the Ministerial Employees working in different subordinate courts in State of Rajasthan to give them benefit of reservation under proviso (iii) to Rule 6 of the Rules of 1963. The petitioners sought information under the Right to Information Act and it was informed to them on 29th December, 2016 that only three categories of employees of Ministerial Service in State of Rajasthan, have been included and considered, namely, (i) Rajasthan Secretariat Ministerial Service Rules, 1970, (ii) Rajasthan Subordinate Officers Ministerial Services Rules, 1999 and (iii) Rajasthan Public Service Commission (Ministerial and Subordinate Service) Rules and Regulations, 1999. The petitioners have submitted that the respondent-State has specifically informed that since Public Undertaking/Board/Corporation/ Electricity Board/Roadways Department had their own Service Rules and as such, their employees were not included within Departments of the Government in the Ministerial Staff. The petitioners have further submitted that other candidates again sought information under Right to Information Act and same position was reiterated by letter/information dated 10 th march, 2017 by DoP (A-2) Dept.;