VIKASH KUMAR GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have preferred this writ petition inter alia claiming the following reliefs:

(2.) In brief the factual matrix of the case are that Rajasthan Public Service Commission (hereinafter to be referred as "RPSC") has issued the advertisement for appointment of 3491 posts of Junior Accountant on 18.09.2013. RPSC issued a corrigendum dated 31.10.2014 providing 12.5% horizontal reservation for all the employees in the Department of the Government. The petitioners submitted their application forms under the general category and participated in the examination held on 04.10.2016. The select list was declared on 16.05.2017 and a reserve list comprising of 1640 candidates under the category of Tehsil Revenue Accountant and 133 candidates under the category of Tehsil Revenue Accountant was published on 17.05.2017. Petitioners were placed in the reserve list at 59 and 88 respectively under the Junior Accountant category. In pursuance of the order passed by the Hon'ble High Court in Anil Choithani Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition No.11806/2017) and Narendra Bankawat Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition No.9573/2017) a revised result was published wherein 222 candidates were declared selected to the post of Junior Accountant and 36 candidates were declared successful to the post of Tehsil Revenue Accountant. RPSC published revised select list dated 05.03.2019 wherein petitioners were placed in the reserve list at S.No.2 and 27 respectively. High Court vide order dated 16.03.2019 directed the respondents to form a High level committee comprising of the Principal Secretary, Finance, Principal Secretary, Department of Personnel, Director, Department of Treasuries and Accountants, Chairman/Registrar, Board of Revenue and Chairman/Secretary, Rajasthan Public Service Commission to take a decision on the appointment of candidates in the reserve list. Committee vide its minutes dated 03.05.2019 decided not to operate the reserve list on the ground of (i) "it would have cascading effect", (ii) pendency of multiple litigation, (iii) it would disturb the rights of candidates already working on the respective post; (iv) due to availability of sufficient candidates.

(3.) It is contended by learned counsel for the petitioners that the recruitment to the post of Junior Accountant and Tehsil Revenue Accountant are governed by the Rajasthan Subordinate Accounts Service Rules, 1963 and Rajasthan Revenue Accounts Subordinate Service Rules, 1975 which mandate the operation of the waiting list.