RAMESH CHAND PALIWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner passed his degree in Bachelor of Laws in the year 1979, while continuing in service as Private Secretary-cum- Judgment Writer in the Rajasthan High Court. An advertisement dated July 6, 1989 was published by the Rajasthan Public Service Commission, Ajmer (respondent No. 2) for recruitment to 21 posts of Munsif-cum-Judicial Magistrate, First Class in Rajasthan Judicial Service, in 'rajasthan Patrika' dated July 12, 1989. Out of these 21 posts, 11 posts were meant for general category candidates and 10 posts were reserved for candidates belonging to Scheduled Castes and Scheduled Tribes. It was further mentioned that in the event of non availability of suitable candidates belonging to Scheduled castes and Screaduled Tribes, the reserved posts will be filled in from amongst the candidates belonging to general category Recruitment to the Rajasthan Judicial Service is governed by the Rajasthan Judicial Service Rules, 1955 (for short, here in after, the Rules' ). THEse rules provide that a written test should be taken of all the candidate who are found eligible. In the written test, four papers are prescribed, namely- Law Paper-I and law Paper-II, each carrying 100 marks, and Language (i) and Language- (ii), each carrying 50 marks, making the total as 300 marks in all. THE Rules further provide that the Rajasthan Public Service Commission (for short, hereinafter, "the Commission") shall call for interview such of the candidates as have obtained a minimum of 35% marks in each of the Law Paper and 40% marks in the aggregate. THE marks for interview were fixed at 35 only. Persons who obtained 45% marks of the aggregate marks of both written as well as interview were to be eligible for being considered for selection to the post of Munsif-cum-Judicial Magistrate in the Rajasthan Judicial Service.

(2.) THE petitioner appeared in the written examination and obtained 131 marks out of 300 marks which was more than 40%, the minimum percentage of Marks prescribed for calling a candidate for interview, and therefore, the petitioner was called for interview along with 30 other candidates from general category and two candidates from Scheduled Caste category. In the interview, the petitioner obtained 18 marks out of 35 and thus his total marks came to 149 out of total marks of 335, but he was not selected and his name do not find place in the selected list.

(3.) THE Rajasthan Public Service Commission in its reply has submitted that it advertised 21 vacancies for Rajasthan Judicial Service and had received 2320 applications, out of which 1131 candidates appeared in the written examination. Only 33 candidates qualified in the written test and out of them 10 persons were selected in accordance with the Rules. THE result of two candidates has been with-held as per orders of the High Court. It is said that the object of prescribing the percentage of marks to foe obtained in interview and in the aggregate is to select meritorious candidates of the minimum standard which has been fixed looking to the condition and circumstances existing in Rajasthan. THE Rajasthan Judicial Service Rules, 1955 are promulgated by the Governor with the recommendation of the High Court under Article 234 read with 309 of the Constitution. High Court was the parent authority in the case but it has not been impleaded as respondent and hence the writ petition was not main tenable. With regard to the reserved list, it is submitted that if against 21 vacancies originally advertised, 21 candidates did not qualify for selection, then the posts were to be re-advertised. In the present case, there was no occasion to prepare reserved list.