JITENDRA SINGH RATHOR AND OTHERS Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2018-10-9
HIGH COURT OF RAJASTHAN
Decided on October 01,2018

Jitendra Singh Rathor And Others Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

VEERENDR SINGH SIRADHANA,J. - (1.) Above noted three writ applications raise common questions of facts and law, and therefore, have been taken up for final adjudication, at this stage, by this common order, as was insisted upon by the counsel for the State-respondents, and consented to by the counsel for the petitioners.
(2.) Rajasthan Public Service Commission (for short, 'RPSC'), conducted Rajasthan State and Subordinate Services Combined Competitive Examination-2012, in pursuance of advertisement dated 6th February 2012, for various posts. The result was declared on 17th July, 2015. And yet, the respondents did not carry forward the unfilled 14 vacancies of the Rajasthan Excise Subordinate Services of the Recruitment Examination of 2012, to the vacancies of 2016 Examination, in an illegal and arbitrary manner contrary to the mandate of Rule 6 of the Rajasthan Excise Subordinate Services (General Branch), Rules, 1974 (for short, 'Rules of 1974'); is the cause of grievance. Accordingly, the instant batch of writ applications, has been instituted with a prayer for addition of 14 vacancies of the Departmental Candidates for Rajasthan Excise Subordinate Services in terms of recruitment advertisement dated 28th April, 2016; wherein the petitioners were successful with a further prayer of consequential benefits so as to quash the response/communications dated 18th and 23rd May, 2017 (In Writ Petition No. 9596/2017).
(3.) Briefly, the essential skeletal material facts are that the respondent-RPSC issued an advertisement dated 6th February, 2012, for Rajasthan State and Subordinate Services Combined Competitive Examination-2012, inviting applications from eligible candidates as per Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination), Rules, 1999 (for short, 'the Rules of 1999'). The advertisement also contemplated for determination of the latest position of vacancies reserved for Departmental Candidates from the concerned Department before declaration of result of the Preliminary Examination and information to the candidates accordingly. It is pleaded case of the petitioners that 14 posts were earmarked for Departmental Candidates in Rajasthan Subordinate Excise Services out of 100 advertised vacancies, according to horizontal reservation. The result for Examination of 2012, was declared on 17th July, 2015, and only one Departmental Candidate was selected of Rajasthan Subordinate Cooperative Services. However, 14 vacancies of Subordinate Excise Services remained unfilled for non-availability of successful Departmental Candidates.;


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