ORDER : 1. This writ petition has been filed by the petitioner seeking a declaration that petitioner is entitled to get the benefit of reservation provided for Ex-serviceman in the selection process of Lecturer, School Education commenced by notification dated 28/4/2022 and direct the RPSC to consider the candidature of the petitioner as Ex-serviceman. 2. It is inter alia indicated in the petition that the petitioner was appointed as Teacher Gr.III Level – 2 (Social Studies) through recruitment process initiated vide notification issued in the year 2012 by availing the benefit of reservation meant for Ex-serviceman. The advertisement dated 28/4/2022 was issued by the respondents for recruitment on the post of Lecturer, School Education, wherein, the petitioner applied in Ex-serviceman category. After conduct of examination by the RPSC, the result was declared and two times the candidates were called for document verification. The petitioner was called for counselling/document verification on 28/7/2023. On 11/8/2023, the RPSC published a Press note along with the list of candidates, whose documents were carrying deficiencies (Annex.7). Against the name of petitioner, it was indicated ‘B.Ed. Original degree, Double benefit, remove Ex, Fees not received’ and time was granted to remove the deficiencies. The petitioner removed the deficiencies pertaining to original degree and fees, however, regarding purported deficiencies pertaining to his seeking benefit of reservation as Ex-serviceman, the same was refused and a communication was received on whatsapp indicating the change in his category from Ex-serviceman. 3. Submissions have been made that the petitioner has been deprived from the reservation provided to Ex-Serviceman based on the provisions of Rule (2-A) of the Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules, 1988 (‘the Rules, 1988’). 4. Learned counsel for the petitioner made submissions that the amendment by way of introducing Rule (2-A) has been made by notification dated 22/12/2020 and the said Rule cannot be given retrospective effect by debarring the benefit to the petitioner. 5. 4. Learned counsel for the petitioner made submissions that the amendment by way of introducing Rule (2-A) has been made by notification dated 22/12/2020 and the said Rule cannot be given retrospective effect by debarring the benefit to the petitioner. 5. Learned counsel emphasized that as the said Rule was not on the statute book in the year 2012, when the petitioner was appointed on the post of Teacher Gr.III Level – 2 (Social Studies), the same cannot now be used against the petitioner by claiming that the petitioner is taking second benefit, as at the relevant time there was no restriction in taking benefit of the status as Ex-serviceman more than once and, therefore, the action of the respondents deserves to be quashed and set aside. 6. I have considered the submissions made by learned counsel for the petitioner and have perused the material available on record. 7. Rule (2-A) in the Rules of 1988 was introduced by way of amendment dated 22/12/2020, inter alia reads as under: “(2-A) Once an Ex-Serviceman has joined service on the post under the Government of Rajasthan after availing of the benefit of reservation, his Ex-Serviceman status for the purpose of re-employment in Government of Rajasthan would cease. After joining the employment under the Government of Rajasthan the person would be deemed to be a civil employee. Provided that in case of direct recruitment where experience of a lower post is essential for any post the Ex-Serviceman shall not be debarred from the benefit of Ex-Serviceman category only because of being employed in government service on a lower post of which experience is required for the direct recruitment on the higher post. Provided further that in case an Ex-Serviceman applies for various posts before joining any employment under the Government of Rajasthan and give self-declaration/undertaking to concerned employer about the date-wise details of application for various posts for which he/she had applied for before the joining the initial post under the Government of Rajasthan, shall not be debarred from the benefit of Ex-Servicemen category for appointment on such posts. Provided also that the Ex-Serviceman who has been re-employed on Casual/Contract/temporary/ad-hoc basis under the Government of Rajasthan shall not be debarred from the benefit of Ex-Servicemen category. Provided also that the Ex-Serviceman who has been re-employed on Casual/Contract/temporary/ad-hoc basis under the Government of Rajasthan shall not be debarred from the benefit of Ex-Servicemen category. Explanation: For the purpose of this rule post under the Government of Rajasthan means post under:- (a) any department of the State Government or its attached or subordinate office; (b) any State Public Sector Enterprise owned or controlled by the State Government; (c) any Body established or constituted by the Constitution whose expenditure is met from the Consolidated Fund of the State; or (d) any Body or Board or Corporation or Authority or Society or Trust or Autonomous Body (by whatever name called) established or constituted by an Act of the State Legislature or a Body owned or controlled by the State Government.”” 8. Notification dated 22/10/2020 (Annex.9) notifying the amendment clearly provides that the same would come into force immediately. 9. Advertisement, admittedly, has been issued on 28/4/2022 i.e. after coming into force of the amendment on 22/12/2020. A bare look at the amended provision would reveal that the provision clearly envisages that once the ex-serviceman, who has joined services on the post under the Government of Rajasthan after availing the benefit of reservation, his ex-serviceman status for the purpose of re-employment in the Government of Rajasthan would cease and after joining the employment under the Government of Rajasthan the person would be deemed to be a civil employee. 10. The provision, thereafter, provides for various provisos taking into consideration the eventualities, wherein, experience of a lower post is essential for any higher post for direct recruitment, if ex-serviceman has applied for various posts before joining any employment under the Government of Rajasthan and gives declaration in this regard before joining on the initial post would not debar him from seeking the benefit of ex-serviceman category and if an ex-serviceman has been re-employed on casual/contract/temporary/ad-hoc basis under the Government of Rajasthan, he shall not be debarred from the benefit of ex-serviceman category. 11. The plea raised that as the petitioner took employment way back in the year 2012 when the provision was not in existence, therefore, the same cannot be enforced against the petitioner, apparently, has no basis. 12. It is well settled that the eligibility/disqualification of a candidate has to be adjudged on the last date of making the application for direct recruitment. 12. It is well settled that the eligibility/disqualification of a candidate has to be adjudged on the last date of making the application for direct recruitment. If the provision in question had provided a further explanation that the same would apply only to the candidates, who enter the service of Government of Rajasthan after introduction of the provision, the situation would have been different. 13. In the present scenario, it cannot be said that either the provision envisages applicability of the provision only to those entering into the service after introduction of the provision nor it can be said that applying the provision to the candidates like the petitioner would be giving a retrospective effect to the said provision. 14. In that view of the matter, the plea sought to be raised by the petitioner with regard to the applicability of the provision to the petitioner cannot be accepted. 15. The petition has no substance and the same is, therefore, dismissed.