RPSC Vs. CHANDAN MAL MARU

JUDGEMENT

(1.) D.B. Civil Misc. Application No. 519/2019:

(2.) Mr. Ajatshatru Mina, Advocate accepts notice on behalf of the respondents. With consent of learned counsel for the parties, the appeal was heard finally. The Rajasthan Public Service Commission (RPSC) appeals the judgment of the learned Single Judge, rejecting its review petitions.

(3.) The brief facts are that the respondents (writ-petitioners) had claimed that they were 'ministerial employees entitled to 12.5% 'horizontal reservation, for recruitment to the post of Junior Accountant in the State of Rajasthan in its various departments. The writ-petitioners were not essentially public servants engaged in any department of the State of Rajasthan but rather employees of electricity distribution companies (DISCOM) i.e. companies set up under the Electricity Act, 2003, governed and tasked with the 'distribution of electricity. Their contention was that the State of Rajasthan had a major stake in shareholding of those entities, which entitled them to be treated as ministerial employees under the State. This contention was accepted in a Single Bench judgment in Surendra Kumar Vyas and Ors. vs. State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 7239/2017, decided on 18/12/2017). That judgment was confirmed by the Division Bench on 26/4/2018.