DAYARAM Vs. R.P.S.C.

JUDGEMENT

(1.) All these writ petitions have been filed by petitioners with the prayer that the respondent-Rajasthan Public Service Commission (hereinafter referred to as 'the RPSC') be directed to allow them to participate in RAS and RTS Main Examination, 2012 to compete against the quota of departmental candidates.

(2.) The RPSC by the advertisement dated 06.02.2012 notified total 289 posts for different State Services and 817 posts of Subordinate Services. The petitioners are claiming their consideration for appointment in subordinate services in the quota of departmental candidates. The RPSC has notified two posts in the Rajasthan Devasthan Services and 14 posts in Rajasthan Subordinate Devasthan Services, 103 posts in Rajasthan Food and Civil Supply Services and 460 in Rajasthan Cooperative Subordinate Services, 33 posts in Rajasthan Commercial Taxes Department. The RPSC in note 3 below Clause-5 of the advertisement indicated the Departmental Ministerial Staff as a separate category. Clause 15(1) of the advertisement categorically provided that the candidate should carefully read the guidelines provided for filing up online application which categorically indicated that these posts are meant for departmental candidates of the concerned department only, who may compete against such posts meant for them.

(3.) The petitioners have contended that the advertisement issued by the respondents on 06.02.2012 contained a provision for reservation of departmental candidates from all the departments, besides entitling them to the reservation in their respective category such as ST/SC and OBC. Even though they have secured much more marks than the cut off marks but they are not being considered. They have illegally not been considered for appointment against the vacancies of the subordinate service in the aforementioned five departments. Such appointment has been restricted to the candidates from each of those epartments, even though the petitioners are far more meritorious than them.