IMPORTANT POINT
The direction of the High Court to increase posts reserved in General Category from unfilled posts in SC/ST is not only contradictory but also against rule that an earlier decision of a Bench of coordinate jurisdiction is binding on another bench of coordinate jurisdiction in facts of this case.

JUDGMENT

Arijit Pasayat, J.-Civil Appeal Nos. 3615-3618/2002

In these appeals by Rajasthan Public Service Commission (in short the Commission ) and its Chairman, challenge is to the legality of common judgment by a Division Bench of Rajasthan High Court disposing of four writ petitions.

2. Synoptical resumption of the factual position, almost undisputed is as follows:-

On 1-6-2001 an advertisement to recruit 116 Munsif Magistrates was issued by the Commission; out of which 59, 24, 19 and 14 were earmarked for the General, OBC, SC and ST categories respectively. In terms of the scheme of the examination, only those candidates who obtained a minimum of 35 marks in each law paper and 40% in aggregate were eligible to be called for interview. For the posts in question, stipulation was that candidates numbering three times the number of posts advertised in each category were eligible to be called for interview. Commission issued interview letters to 302 candidates in respect of 116 vacancies. The shortfall was on account of non-availability of candidates in SC and ST categories. Though the number of posts were 59 in the General category, 189 candidates were called for interview as several candidates who had obtained marks similar to the last candidate had to be called for interview.

3. Four writ petitions were filed at Jodhpur Bench of the Rajasthan High Court. They were disposed of on 20th December, 2001 by the impugned common judgment. In the writ petitions the petitioners had sought for the following directions:

"(a) by an appropriate writ, order or direction, the Respondents may kindly be directed to consider more candidates from general category as per the posts available and as per the condition? of the advertisement;

(b) by an appropriate writ, order or direction, the Respondents may kindly be directed to implement the condition-2 of the advertisement for filing up the reserved vacancies adopting the general procedure;

(c) any other appropriate writ, order or direction which this Hon ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the Petitioner;

(d) Writ petition filed by the Petitioner may kindly be allowed with costs."

4. Stand of the petitioners was that each one of them had obtained 35 marks in each of the law papers and 40% marks in aggregate. In case of non-availability of SC & ST candidates, the available seats were to be filled up by candidates belonging to general category. Therefore, the Commission had to call 210 candidates by treating the number of posts available in the general category to be 70 (i.e. 59 as originally fixed and 11 on account of non-availability of candidates in SC & ST categories). The Division Bench accepted the stand, though the Commission pointed out that there is no provision in the Rajasthan Judicial Service Rules 1955 (in short the Rules ) unlike Rajasthan Higher Judicial Service Rules, 1969 (in short the Higher Judicial Rules ) which provides for a decision to be taken to fill up the posts from the general category or to de-reserve or carry forward in case of non-availability of candidates from the reserved categories. The directions given by the Division Bench in the impugned judgment are to the following effect:

"In view of the aforesaid, we allow all the four writ petitions. The Respondent Commission is directed to call not less than 210 candidates from the General Category for interview instead of 189. We make it clear that judgment proceeds on the basis that R.P.S.C. is interviewing candidates for R.J.S. against 70 posts in General Category. However, this will not prevent the appropriate Authorities to take a decision in accordance with the relevant rules, particularly Clause 3 of Schedule II of R.J.S. Rules, to fill up only 59 vacancies in the General Category and carry forward the vacancies of Scheduled Tribe, but such a decision should be taken before the