Research › Search › Judgment

Rajasthan High Court · body

2015 DIGILAW 1584 (RAJ)

Prakash Patidar v. State of Rajasthan

2015-08-26

MOHAMMAD RAFIQ

body2015
JUDGMENT 1. - Petitioners have approached this Court by the action of the respondents in not giving them benefit of notification of the State Government dated 16.06.2013 by which certain parts of the State were included in TSP area. Copy of the notification dated 16.06.2013 is placed on record. 2. Petitioners applied for appointment on the post of Agriculture Supervisor in response to the advertisement dated 29.5.2013. The last date for submission of application form fixed in the advertisement was 15.7.2013. Petitioners have submitted the application form immediately after issuance of notification dated 16.06.2013 by the State for extending them the benefit of TSP area as they come from the area of District Dungarpur/Banswara/Udaipur. 3. It is contended that the Department of Personnel had issued the Circular dated 16.6.2013 under the powers conferred on them under Article 244(1) of the Constitution of India, wherein it had been specifically stated and also clarified that the posts of direct recruitment of the State Government would be filled up to the extent of 45% for Scheduled Tribes and up to 5% for Scheduled Castes and remaining 50% would be treated as unreserved and accordingly the same would be filled up by the local residents under the general category and the said notification had come into effect w.e.f. 16.6.2013. The Agriculture Department issued a notice dated 6.5.2015 informing that the result of the post of Agriculture Supervisor would be uploaded on the website of the university on 20.5.2015. The provisional result sheet has been uploaded on the website of Swami Keshvanand Rajasthan Agriculture University, Bikaner. Vide publication dated 20.5.2015, it was informed to the candidates who have been provisionally selected to appear for verification of documents on 18.06.2015. Some of the candidates who could not appear on that date were vide notification dated 10.06.2015 called to appear on 29.6.2015. Petitioners have given example of the recruitment to the post of Senior Teacher for which the advertisement was issued by RPSC on 28.6.2011 where initially no post for TSP (General) was reserved, but while declaring the result in view of the notification dated 16.06.2013, the deficiency of that advertisement was removed and posts have been reserved for TSP general candidates. Learned counsel for the petitioners has cited the judgement of coordinate bench of this Court in Kanaram Yadav & Ors. RPSC & Anr., RLR 2000 (3) page 161 in support of the contentions. 4. Learned counsel for the petitioners has cited the judgement of coordinate bench of this Court in Kanaram Yadav & Ors. RPSC & Anr., RLR 2000 (3) page 161 in support of the contentions. 4. Shri Surya Pratap Singh on behalf of Shri Rajendra Prasad, learned Additional Advocate General for the respondents has opposed the writ petition and submitted that the process of selection having been commenced from the date of issuance of advertisement, even if the notification was issued on 16.06.2013 could not be retrospectively applied to on going process. 5. This Court in Kanaram Yadav & Ors., supra was dealing with a case where advertisement for Rajasthan State and Subordinate Services for Direct Recruitment by Combined Competitive Examinations was issued therein after last date of submission of application forms but before preliminary examination some more castes were included in OBC by State Government vide notifications dated 3.11.1999, 12.11.1999, 1.1.2000 and 10.1.2000, therefore, RPSC asked the candidates who had already applied in general category to submit OBC certificates if they come in that category by virtue of said notifications. When challenge was posed, this Court held that State Government was competent to pass executive orders for inclusion of some more castes in category of OBC under Article 16(4) read with Article 162 of the Constitution and such notifications are enforceable the moment they are issued. The RPSC was justified if the candidates had applied before last date for submitting application forms, to produce OBC certificates if they come in said category. The other candidates have no vested right to call in question the valid law framed by Government and by mere filling up application forms to appear in the examination. The case of the petitioners stands on better footing than those because in the case of petitioners the last date had yet not occasioned when the notification for inclusion of TSP area was issued by the State on 16.6.2013. The last date for submission of application form pursuant to advertisement dated 29.5.2013 was almost one month thereafter on 15.7.2013, therefore, the notification should be extended to the selection in question. 6. The writ petitions are allowed. The respondents are directed to extend the notification and the benefits thereunder to the candidates covered under that category while making appointment pursuant to the advertisement dated 29.5.2013.Writ Petition Allowed. *******