NAROTTAM MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter pertains to the selection to the post of Junior Accountant pursuant to the advertisement issued in the year 2008. All the posts were mentioned as backlog vacancies of the period prior to 10.10.2002. Petitioners are aggrieved on their non-selection and selection of general candidates against the backlog vacancies. This is more so when the Rajasthan Subordinate Accounts Service Rules, 1963 (for short 'the Rules of 1963') were amended vide notification dated 5.7.2011 providing a clause for relaxation in minimum qualifying marks in compulsory subjects to the Scheduled Castes/Scheduled Tribes candidates, however, in the present matter, amended rule has not been applied though result was declared subsequent to the amendment. The grievance of the petitioners is also that Rule 22 of the Rules of 1963 provides for minimum qualifying marks only in compulsory subjects whereas minimum qualifying marks should have been for all the subjects more specifically the subject concerned to the post of Junior Accountant. A reference of Schedule II has also been given for the aforesaid purpose.

(2.) I have considered the submissions made by learned counsel for petitioners and perused the record carefully.

(3.) First issue for my consideration is as to whether amendment made in the Rules of 1963 by the notification dated 5.7.2011 can be applied retrospective to the selection of the year 2008. It is not in dispute that advertisement to the post of Accountant and Junior Accountant etc. was issued in the year 2008 followed by written examination on 25.6.2011. Result thereof was declared on 19.10.2011 and in between, amendment in the Rules was made to provide relaxation in minimum qualifying marks in compulsory subjects to the extent of 5% to SC/ST candidates. The respondents vide Annexure-8 took a decision not to apply the said rule to the selection pursuant to the advertisement of 2008 as all those vacancies were prior to the year 2002 thus, selection for those vacancies have to-be undertaken as per the rules then existing and not by the amended rule of 5.7.2011. It is informed that written examination for selection was held on 25.6.2011 and till then, no amendment came providing relaxation to SC/ST candidates. The answer sheets must have been sent for checking with the criteria as was existing on the date of selection/examination i.e. 25.6.2011 and in the mid way, if rule is amended, it cannot be applied retrospectively unless specifically provided. Law on the issue is well settled that a subordinate legislation cannot be applied retrospectively unless specifically provided for its retrospective effect. In the aforesaid background, if the amended rule of 5.7.2011 is not applied to the recruitment of the year 2008, that too, for the vacancies prior to 10.10.2002, action of the respondents cannot be said to be illegal.