ALOK SHARMA,J. - (1.) The matter comes up on an application under Article 226 (3) of the Constitution of India for vacation of ex-parte ad interim order dated 15.1.2019 passed in this petition to which reply by the contesting respondents Nos.2 and 3 to 5 is already on record. As the hearing of this application will entail consideration of the merits of the petition itself, the petition is being finally disposed of.
(2.) Heard. Considered.
(3.) The issue in this petition is as to whether the respondents No.3 to 5 are eligible for appointment to the post of Industries Extension Officer/ Industries Inspectors in the 12.5% quota for Ministerial Employee (ME) under the Rajasthan Industries Subordinate Service Rules, 1966 (hereafter 'the Rules of 1966'). 2. Rule 6-A of the aforesaid Rules provided as under :- Rule 6A. (1) Notwithstanding anything contained in the Rule 6, regarding method recruitment/ source of recruitment, 12 1/2% of the posts to be filled in by direct recruitment to the post of (1) Assistant Inspector (2) Inspector Weights and Measures % "(3) Inspector Industries and (4) Industries Extension Officer" shall be reserved for being filled in from amongst the Ministerial Staff holding a post in the cadre substantively, of the department concerned, subject to their being found otherwise eligible for such recruitment under the relevant rules. 3. Rule 2 (i) of the Rules of 1966 defines "substantive appointment" as under :- 2(i) Substantive Appointment means an appointment made under the provisions of these Rules to a substantive vacancy after due selection by any of the methods of recruitment prescribed under these Rules and includes an appointment on probation or as a probationer followed by confirmation on the completion of the probationary period. The advertisement dated 13.3.2018 provided that the eligibility for being considered to the post advertised would be as on the late date of filing of the applications. Admittedly the last date for filing of the applications for the posts in issue was 20.4.2018. ;