RAJESH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since common questions of law are involved arising out of identical facts, hence with a joint consent of the parties, this bunch of special appeals (as per Schedule A) is being disposed by the present order. A cardinal question which emerges for consideration is as to whether a candidate, upon having availed of relaxation in age, acquiring eligibility to participate in the process of selection, besides special relaxation/concessions under the Scheme of Service Rules which participating in competitive examination (written test/viva voce)/process of selection; if secured more marks than of last candidate and finally got placement in select list against vacancies of open/general category, can be considered for being selected against vacancy of unreserved/open category or deserves to be migrated a select list of open/general category vacancy and what will be the effect in the instant bunch of cases regarding Circular dt. 11.5.2011 issued by State Government after the process of selection being initiated with reference to advertisement dt. 14.10.2010 for the post of Constable and advertisement dt. 25.11.2010 for the post of Sub Inspector of Police.

(2.) Facts in regard to the posts of Constable are being taken note out of DB Civil Special Appeal (Writ) No. 769/2012 and for Sub Inspector (Police) from D.B. Civil Special Appeal (Writ) No. 1291/2013 (Devendra Singh & Ors. vs. RPSC), seminal facts which are necessitated to understand the controversy raised at the bar, are briefly stated herein.

(3.) Posts of Constable & Sub Inspector of Police are included in Schedule-I of Rajasthan Police Subordinate Service Rules, 1989 ("Rules, 1989") Posts of Constable for various districts cumulatively came to be advertised by State Government vide advertisement dt. 14.10.2010 while posts of Sub Inspector of Police were advertised vide notification dt 25.11.2010 by the Rajasthan vide notification dt. 25.11.2010 by the Rajasthan Public Service Commission and the candidates who were eligible in terms of the advertisement filled their form after availing relaxation in age and participated in process of selection as provided under the Scheme of Rules, 1989, finally a select list came to be issued but while allocating the vacancies as regard candidates who were finally selected after availing relaxation in age or other special relaxation/concessions in process of selection/competitive examination and finally held merit in open/general category, State Government pursuant to circular dt. 11.5.2011 (in super-session of its earlier Circular dt. 4.3.2002) issued guide-lines to all the appointing authorities that such like candidates belonging to BC/SBC/SC/ST irrespective of whether he/she has availed any of the special concessions which are available to candidates belonging to these categories (including relaxation in age) and secures more marks than the marks obtained by the last unreserved/open category candidates who is selected, shall be migrated against unreserved/open category vacancies and not the vacancies reserved for the BC/SBC/SC/ST, as the case may be.