JITENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The core question involved in the present writ petition is; "whether the petitioners working on the post of Lower Division Clerks and Upper Division Clerks, in the Panchayati Raj Department can lay their claim against 12.5% reservation available for the 'ministerial staff' of the departments of the Government, as envisaged under Rule 6 (iii) of the Rajasthan Subordinate Accounts Service Rules, 1963".

(2.) The facts within the precincts of the question quoted above are that the petitioners having been appointed substantively are working as LDCs and UDCs in the Department of Panchayati Raj. The respondent-Rajasthan Public Service Commission (hereinafter referred to as "the RPSC") issued an advertisement dated 18.09.2013, inviting applications for 3491 posts of Junior Accountant and 156 posts of Tehsil Revenue Accountant under the Rajasthan Subordinate Accountant Service Rules, 1963 (hereinafter referred to as "the Rules of 1963"). Out of the total advertised vacancies, 437 posts have been kept reserved for 'ministerial staff' working in the departments of Government of Rajasthan as stipulated under Rule 6 (iii) of the Rules of 1963.

(3.) The petitioners being employees working in the various Panchayat Samitis/Zila Parishads in the State of Rajasthan, submitted their application forms vying against said 437 posts reserved for 'ministerial staff of departments of Government.