STATE OF RAJASTHAN Vs. SHYAM SINGH

JUDGEMENT

(1.) THIS is a special appeal against the judgment of learned single judge allowing a writ petition filed by shyamsingh respondent against the State of Rajasthan and the Rajasthan Public Service Commission. We have heard the learned counsel for the parties and are of the opinion that the appeal must be allowed.

(2.) SHYAM Singh petitioner had appeared at a competitive examination conducted by the Rajasthan Public Service Commission to select candidates for the Rajasthan Police and Accounts Services. The written examination took place in December, 1962. The petitioner was declared as qualified at the written teat and was called for interview by the Public Service Commission. The interview were to start from 22nd April, 1963. Meanwhile the petitioner was also selected for the Emergency Commission and he joined the pre -Commission Training in the Army on 11. 4. 63. He could not, therefore, appear at the interview before the Public Service Commission After the emergency was over, the petitioner was released from Defence Services on 1. 11. 1967. In order to absorb the released short Services Emergency Commissioned personnel, the Governor of Rajasthan framed the Rajasthan Civil Services (Recruitment of Released Emergency Commissioned and Short Services Commissioned Officers) Rules, 1968.

(3.) In these Rules vacancies were reserved for the Released Commissioned Officers in various state services including the Rajasthan Police Service and the Rajasthan Accounts Service. These posts were to be filled on the basis of the record of the military service of these released officers and their performance at a written test in English, Hindi and General knowledge together with a viva voce test. A concession was granted to these officers with regard to the age. It is contained in Rule 5 of the Rajasthan Civil Services (Recruitment of Released Emergency Commissioned and Short Services Commissioned Officers) Rules, 1988, the relevant part of which runs as follows: Provided further that no Released Commissioned Officer shall be eligible for selection against any reserved vacancy unless he... on the date of his joining the pre -Commission training, eligible to appear at the combined competitive Examination... was within the age limits as prescribed by the rules of the particuler service for which he applies against the reserved vacancies...