ASHOK KUMAR JAIN Vs. RAJASTHAN PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Leave granted.

(2.) The Rajasthan Public Service Commission, first Respondent holds examinations for direct recruitment to State and subordinate service posts under the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules 1962 (Rules for short). Appellant appeared as an open market candidate in the 1983 examination and was selected to Rajasthan Tehsildar Services (Subordinate service) and was appointed as a Naib Tehsildar, a non-gazetted post on 15.10.1985. The Appellant also appeared in the combined competitive examination held in 1987 and 1989 as an open market candidate. The examination for the year 1990 was held in two stages on 25.11.1990 and 22.2.1992. The Appellant appeared in the said examination as an open market candidate and was unsuccessful.

(3.) The Appellant again applied for the combined competitive examination for the year 1991, advertised on 19.10.1991. The Appellant was provisionally allowed to appear in the said examination. On scrutiny of his application it was found that Appellant had already availed four chances as an open market candidate in the examinations relating to the years 1983, 1987, 1989 and 1990 and he was not therefore entitled to appear for the fifth time, as the maximum number of chances for a candidate under the Rules was four. He could not also be considered as a candidate in the examination for the year 1991 under the Non-Gazetted Employees quota (for short NGE quota), as Appellant was working as a Tehsildar, a Gazetted post, from December 1990. Therefore a notice dated 25.6.1993 was issued calling upon him to show cause why his application should not be rejected on the ground that he was not entitled to participate in the combined competitive examination for the fifth time.