All the Counsel agrees that the matter may be decided finally at this stage. Therefore, the case has been heard finally. Taking into consideration that the matter relates to selections for which there is an interim order restraining the State from opening the result of the advertisement while admitting the writ petition by the coordinate Bench of this Court.

2. Heard Counsels at length.

3. Writ petitions have been preferred by the petitioners challenging the criteria which have been laid down through instructions issued by the State Government for the purpose of selection for the post of Gram Panchayat Sahayak on various counts. The post of Gram Panchayat Sahyak has been notified vide gazette Notification dated 02.11.2016 wherein Rule 258 of the Rajasthan Panchyati Raj Rules, 1996 (hereinafter to be referred as ‘the Rules of 1996’) was amended by the Rajasthan Panchayati Raj (Second Amendment) Rules, 2016 and following new sub-rule (3) was added as under : -

“(3) Panchayat may appoint any person as Gram Panchayat Sahayak, on part time or on fixed honorarium or on contract basis, for Panchayat Office or for any other work with prior permission of the Chief Executive Officer. He shall be paid from the grant received for the purpose from the State Government on recommendation of the State Finance Commission or out of own income of the Panchayat.”

4. As for the purpose of disposal of the writ petitions, Rule 258 of the Rules of 1996 as it existed prior to the aforesaid amendment is also being quoted :

“258. Categories of posts : (1) There shall be the following categories of posts to be appointed in Panchaya Samitis and Zila Parishads :

(a) State Service posts :

(i) Chief Executive Officer

(ii) Vikas Adhikari

(iii) Accounts Officer

(iv) Assistant Engineers

(v) and such other categories of posts as are prescribed by the Government from time to time.

(b) Subordinate Service :

(i) Extension Officer (Panchayat, Education, Co-operative, Progress.)

(ii) Assistant Accounts Officer.

(iii) Accountant/Junior Accountant.

(iv) Junior Engineer.

(c) Ministerial Service : (Ministerial and subordinate posts in Panchayat Samiti and Zila Parishad service)

(i) Upper Division Clerks including UDC-cum-Steno.

(ii) Lower Division Clerks including Typists.

(iii) Drivers.

(iv) Primary and Upper Primary School Teachers].

(v) Village Level Worker-cum-Secretary Panchayat.

(vi) Fitter.

(vii) Hand pump Mistry.]

5. Submissions of the petitioners are that they are candidates who want to apply for the said post of Gram Panchayat Sahayak but on account of the guidelines which have been issued by the State Government, they apprehend that their selections may not be done on the said post. They have manifold grievances which in short are: -

“(a) that the State Government has not laid down any criteria for selection for the said post;

(b) Interview based selections could not have been made;

(c) Selection criteria of candidate to be a resident of the district in which the concerned Gram Panchayat is situated is unjustified;

(d) The element of transparency in selection is not there and the experience criteria which has been laid down is vague and does not satisfy as to the authority who would be the competent person to issue the experience certificate.

(e) That there is no reservation policy applied for the filling up of the posts.

(f) The posts of Gram Panchayat Sahayak ought to be filled as per the Rules of 1996 and could not have been filled without following the Rules.”

6. Counsel for the petitioners have laid much emphasis on the criteria of selection and submit that interview based selections could not have been made. In support thereof, the Counsel for the petitioners relies upon judgment passed by the Supreme Court in the case of Minor A.Peeriakaruppan Vs. State of Tamil Nadu and Ors.: 1971 (1) SCC 38. He also relies on the directions made by this Court passed in Surendra Kumar Gurjar & Ors. Vs. State of Rajasthan & Ors. decided on 03.04.2017 wherein clause (c) of directions which reads