MAHAVEER SINGH RANAWAT Vs. STATE OF RAJ

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners seeking following reliefs:-

(2.) THE writ petition arises in the following circumstances:- The State Government framed Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 ('Rules') with a view to give appointment on the post of Prabodhak in Primary Schools in the State of Rajasthan. The Rules, inter alia, contain the following provision dealing with the reservation of vacancies for Scheduled Castes and Scheduled Tribes:-

(3.) IT is averred in the petition that one of the candidates sought information under the Right to Information Act and by letter dated 19.10.2011, it was indicated that 54 posts reserved for Scheduled Castes and 140 posts reserved for Scheduled Tribes were lying vacant, a copy whereof has been filed as Annexure-3 with the writ petition; that by another information dated 12.11.2012, it was indicated that 49 posts of Scheduled Castes and 139 posts of Scheduled Tribes were still lying vacant; and that no SC/ST candidates are available in the merit list. The petitioners belonging to General/OBC Category submit that though the posts are lying vacant for the last three years, no recruitment has been held; and though selected persons like them, are available with the respondents, yet, in view of the provisions of Rule 7(3) of the Rules, the posts cannot be filled from General/OBC candidates. Therefore, aggrieved by the provisions of Rule 7(3) of the Rules, the present writ petition has been filed.