NIKHIL CHOUDHARY Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by Nikhil Choudhary, challenging validity of amendment in prevailing Rules 12, 16 and 16 -A of the Rajasthan Labour and Welfare Service Rules, 1958 and the Schedule appended thereto, and also the amendment in the Schedule appended to the Rajasthan Subordinate Services (Recruitment and Other Service Conditions) Rules, 2001. Prayer is also made for a direction to respondents to fill up 16 posts of Labour Welfare Officer, and 151 posts of Labour Inspector, which have been advertised vide corrigendum dated 30.08.2013, to be filled in from non -specialized candidates, who only have the graduation degree, in the combined competitive examination of RAS & RTS, 2013, under the original Rules applicable prior to issuance of notification dated 28.03.2013.

(2.) THE respondents, vide advertisement No. 02/2013 -14, invited application for 233 posts of the Sate Services and 490 posts of Subordinate Services. The respondents, vide corrigendum dated 30.08.2013, also added 16 posts of Labour Welfare Officers and 151 posts of Labour Inspectors in the RAS & RTS Examination, 2013. Before issuing the corrigendum dated 30.08.2013, the respondent, vide two notifications dated 28.03.2013, promulgated the Rajasthan Labour and Welfare Service (Amendment) Rules, 2013 (for short, 'the Amendment Rules of 2013') to amend the Rules of 1958, and the Rajasthan Subordinate Service (Recruitment and Other Service Conditions (First Amendment) Rules, 2013 (for short, 'the First Amendment Rules of 2013'), to amend the Rajasthan Subordinate Services (Recruitment and Other Service Conditions) Rules, 2001 (for short, 'the Rules of 2001').

(3.) RULE 16 of the Rules of 1958 provides that applications for recruitment to the Service shall be invited by the Commission by advertising the vacancies to be so filled in the Rajasthan Gazette and in such other manner as they may deem fit. Proviso second thereto stipulates that the Commission may make selection for the post of Labour Welfare Officer along with the selections for the post of Labour Inspectors, which posts are in subordinate Service and for which same eligibility conditions for direct recruitment are prescribed, by holding a combined competitive examination in accordance with the procedure prescribed in the Rules of 1958.