LAWS(RAJ)-2019-5-71

VIPIN SHARMA Vs. R P S C AJMER

Decided On May 22, 2019
Vipin Sharma Appellant
V/S
R P S C Ajmer Respondents

JUDGEMENT

(1.) Rajasthan Public Service Commission (RPSC) on 18.09.2013 had advertised for recruitment to the post of Junior Accountant (JA) and Tehsil Revenue Accountant (TRA). In respect of the vacancies advertised 12.5 % were reserved in the quota of ministerial employees (ME quota). The last date for submitting the application for the said post was 15.06.2015.

(2.) The petitioner admittedly at the relevant time was posted at LDC Gr.II in the Commercial Taxes Department and as a ministerial employee entitled to avail a seat in the ME quota. Subsequent to the last date of submitting applications for the recruitment in issue and while the recruitment was underway, the petitioner was promoted on 28.07.2016 on the post of Tax Assistant on probation for a period of one year.

(3.) The result of the written examination for the post of JA/ TRA conducted by RPSC was declared on 16.05.2017 and the petitioner was selected in the ME quota in which he had applied. However RPSC did not recommend his name for appointment in the ME quota despite his selection in the written examination on the ground that as on the date of recommendation the petitioner was not a ministerial employee having been promoted to the next higher post i.e. Tax Assistant--not a ministerial post--on probation vide order dated 28.07.2016.