CHANAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal arises out of the judgment dated 9. 8. 1996 passed in S. B. Civil Writ Petition No. 2474/1996 by the learned single Judge. The learned Single Judge has negated the contention of the petitioner that the eligibility of the petitioner for recruitment against the vacancies advertised is to be governed by the old Rules of 1986 under which rules the petitioner was eligible and applied in pursuance of the advertisement issued by the Rajasthan Public Service Commission. The contention of the petitioner to the effect that the amendment of Rules in 1995 cannot be made applicable to the vacancies which had been advertised much prior to the coming into force of the amendment of 1995 and against which the petitioner had also applied, was not accepted and the writ petition was dismissed in limine without issuing any notice to the respondents. Being aggrieved, the petitioner has filed the present special appeal against the impugned order passed by the learned Single Judge.

(2.) THE facts, as stated in the petition, are that the petitioner has acquired the qualifications of B. Sc. Agriculture in IInd Division and Diploma in Marketing and Inspection in Agricultural Marketing from the Government of India. Respondent No. 2 Rajasthan Public Service Commission (referred to hereinafter as `the Commission') had invited applications for recruitment to various posts including 23 posts of Assistant Director (Junior) vide advertisement dated 5. 11. 1993, a copy whereof has been attached as Annex. P/1 to the writ petition. As per the advertisement Annex. P/1, the qualifications have been prescribed as to be Graduate in Economics, Commerce or Agriculture in IInd Division from a recognised University and the candidate should also be qualified in Agriculture Marketing from a recognised Institution. THE last date for submitting the applications was fixed as 31. 12. 1993. It is stated in the petition that the posts advertised in the advertisement pertained to the years 1986-87 to 1992-93 after vacancies have been determined by the respondent No. 1 in accordance with Rule 8 of the Rajasthan State Agricultural Marketing Services Rules, 1986 (hereinafter referred to as `the Rules of 1986' ). It is submitted that for about 6 years no such posts were advertised or filled up by the respondents and, therefore, vide advertisement Annex. P/1 the posts so advertised were to be governed by the recruitment Rules of 1986, which were in force at that time.

(3.) IT is admitted by the respondent No. 2 Commission, that the appellant had applied for being considered in response to the advertisement dated 5. 11. 1993 Annex. P/1 but it is stated that the Government had withdrawn the requisition for holding recruitment on 3. 8. 1995. IT is further stated by the Commission that after withdrawal of the requisition the cadre structure given under the Rules of 1986 was revised and the post of Assistant Director (Junior) was redesignated as Marketing Officer and new qualifications were added and on receipt of the fresh requisition by the Commission from the State Government an advertisement dated 8. 1. 1996 was published. IT is denied that the un-amended rules can be made applicable to the vacancies advertised prior to the amendment of 1995. IT is denied that the vaca- ncies as advertised vide Annex. P/1, relating to the years 1986-87 and 1992-93, are to be filled up in accordance with the rules prevailing in the relevant years.