MAHENDRA SINGH BHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed the present writ petition seeking a relief for direction to the respondents to appoint him as a Junior Accountant against the reserved quota for Ministerial Staff as envisaged under Sub -rule (iii) of Rule 6 of the Rajasthan Sub -ordinate Accounts Service Rules, 1963 (hereinafter referred to as 'the Rules of 1963).

(2.) BRIEF facts necessary for disposal of the instant writ petition are that the respondent -Rajasthan Public Service Commission, Ajmer (hereinafter referred to as 'the R.P.S.C) advertised 750 vacant posts of Junior Accountants vide Advertisement, the petitioner was appointed as Lower Division Clerk on 9.4.1979 and was confirmed on the said post on 29.1.1981. At the time when the petitioner applied for the post of Junior Accountant in pursuance of Advertisement No. 4/90 -91, he was working as an ad hoc Upper Division Clerk and was posted at Government Secondary School, Village Adarsh Doongari, District Sirohi. A typed copy of the promotion order dated 2.2.1990 is filed along with the writ petition and is marked as Annx.l. The petitioner applied for the post of Junior Accountant under Sub -rule (iii) of Rule 6 of the Rules of 1963 being a member of service of Ministerial Staff as postulated under the said Rules. It is also averred in paragraph 5 of the writ petition that in the month of January, 1990, the petitioner went to Ajmer to enquire about the mark -sheet from the office of the R.P.S.C. where he saw a waiting list of the candidates for appointment to the post of Junior Accountants on the Notice Board, in which, his name was shown at S. No. 245(R).

(3.) IT is also averred in paragraph 4 of the reply that vide order dated 16.8.89, the State Government notified a Ban on appointment of general candidates against the vacancies earmarked for Scheduled Castes/Scheduled Tribes under the direct recruitment, therefore, no candidate from General Category could be appointed against the reserved quota earmarked for Scheduled Caste/Scheduled Tribes. It is also averred in paragraph 5 that out of 750 posts of Junior Accountants, 141 posts were earmarked for Scheduled Castes and 111 posts were earmakred for Scheduled Tribes' candidates, 34 posts were earmarked for physically handicapped persons and 93 posts of Junior Accountants were earmarked for ministerial staff.