ALOK SHARMA, J. - (1.) The petitioners having found place in the select list dated 16- 5-2017 issued by the Rajasthan Public Service Commission (RPSC) for appointment to the post of Lecturer Technical Education (Mechanical Engineering) (hereafter 'Lecturer ME) in the Government Colleges of State of Rajasthan, but not yet appointed, seek a direction that they be appointed in terms thereof.
(2.) The facts relevant for the adjudication of these petitions are that vide advertisement dated 22-7-2014 RPSC invited applications for 58 posts of Lecturer Technical Education in various subjects including in Mechanical Engineering (hereafter 'Lecturer ME'). The petitioners applied for appointment as Lecturer ME. Vide corrigendum dated 16-12-2014 to the advertisement dated 22-7- 2014 RPSC bifurcated categorywise the vacancies advertised for various engineering disciplines and subjects as also for the Lecturer ME. In terms of the said bifurcation one post was reserved in the category of Special Backward Class (SBC). The number of applicants for the post of Lecturer ME being 8915, RPSC not being in a position to conveniently interview them all, in terms of its discretion under Rule 23 of the Rajasthan Technical Education (Engineering) Service Rules, 2010 (hereafter 'the Rules of 2010') it conducted a screening test on 16-1-2016, result of which was declared on 12-7-2016. Three times the number of candidates with respect to vacancies advertised in the respective categories were to be called for the interviews preceding appointments to the posts in issue. The petitioners qualified the screening test in their respective categories and were called for documents verification as a proof of their eligibility. Interviews for the post of Lecturer ME were then held between 23-1-2017 and 10-2-2017. The result of the interview was declared on 16-5-2017, wherein besides the petitioners in these petitions others were selected. Simultaneously a reserve list of 25 candidates was also declared on 16-5-2017. The names of those in the select list including that of the petitioners were to be recommended to the State Government for appointment to the post of Lecturer ME.
(3.) It appears that at the time the interviews for appointment to the post of Lecturer ME were held, a petition i.e. Gurvinder Singh Vs. State of Rajasthan, DBCWP No.1645/2016, was pending before this court with regard to the legality and constitutionality of 5% reservation for SBCs which took reservation beyond 50%. For this reason one post of Lecturer ME as per categorization on 16-12- 2014 was kept vacant. The reservation for SBC category was thereafter found unconstitutional by this High Court in the case of Gurvinder Singh Vs. State of Rajasthan decided on 9-12-2016. Resultantly following the Department of Personnel's letter dated 22- 5-2017, RPSC vide corrigendum 24-7-2017, bifurcated afresh the 58 posts of Lecturer ME categorywise, and the one post earlier in the quota of SBC as per corrigendum 16-12-2014 to the advertisement dated 22-7-2014 was now allocated to the General Female category on 24-7-2017.;