Ajay Rastogi, J.

1. Instant batch of petitions have been filed arising the self same question for consideration, hence with the consent of the parties are being decided by the present order.

2. The facts with consent have been noticed from S.B. Civil Writ Petition Nos. 16720/2016 & 16010/2016.

3. The post of Junior Accountant is included in the Schedule appended to the Rajasthan Subordinate Accounts Service Rules, 1963 (in short 'the Rules, 1963') and that of Tehsil Revenue Accountant is included in the Schedule appended to the Rajasthan Revenue Accounts Subordinate Service Rules, 1975 (in short 'the Rules, 1975') and vide the amendment Notification dt. 05.07.2011, Schedule-II has been substituted in both the respective Service Rules, laying down a combined competitive examination for Accountant, Junior Accountant and Tehsil Revenue Accountant and in the combined competitive examination, there shall be two papers and Paper-I shall carry 450 marks with the subjects Hindi, English, General Knowledge, Everyday Science, Mathematics & Basics of Computer, which shall be of senior secondary standard except Mathematics & Basics of Computers, which shall be of secondary standards and Paper-II shall also carry 450 marks with the subjects Book Keeping and Accountancy, Business Methods, Auditing, Indian Economics, RSR Vol. I with selected chapters and GRR & AR-Part-I. with selected chapters and Paper-II shall be of the standard of Graduation Level and both the Papers-I & II will be of objective type with multiple choice questions with negative marking and one has to qualify with 35% minimum marks in both the papers and 40% marks in aggregate and relaxation upto 5% marks will be applicable to SC/ST category candidates and there shall be no viva voce test.

4. Although, it is a combined competitive examination for Junior Accountant & Tehsil Revenue Accountant but the posts are included in the Rules, 1963 & Rules, 1975 respectively but R.6 proviso (iii) of the Rules, 1963 provides that 12 1/2% of the posts of Junior Accountants, to be filled in by direct recruitment, have been reserved for being filled in from amongst the ministerial staff of all the departments of the Government holding a post in the cadre substantively, subject to their being found otherwise suitable for recruitment under the Rules. The relevant R.6 proviso (iii) of the Rules, 1963, being relevant for the present purpose, is reproduced ad infra:-

"PART III - Recruitment

R.6. Method of Recruitment. Recruitment to the Service shall be made in the manner specified in column 3 of the Schedule by recruitment in accordance with Part IV of these Rules:

Provided that:

(i) XX XX XX

(ii) XX XX XX

(iii) Provided also further that 12 1/2% of the posts of Junior Accountants to be filled in by direct recruitment shall be reserved for being filled in from amongst the ministerial staff of all the departments of the Government holding a post in the Cadre substantively, subject to their being found otherwise eligible for such recruitment under the Rules. This reservation shall be carried forward only to the next succeeding year."

5. It may be relevant to note that no such reservation for the ministerial staff of all the departments of the Government holding a post in the Cadre substantively has been provided for the post of Tehsil Revenue Accountant included in the Schedule appended to the Rules, 1975.

6. The advertisement came to be notified by the Commission dt. 18.09.2013 holding selection for the post of Junior Accountant and Tehsil Revenue Accountant and on-line applications were to be filled in terms of the advertisement by the candidates who intended to participate for the posts of Junior Accountant & Tehsil Revenue Accountant by 20.10.2013. In the on-line application apart from other relevant details in regard to his qualification, marital status, in Cl. 10 & 11, a candidate is sup