Arun Bhansali, J.

1. These writ petitions have been filed by the petitioners questioning the legality and validity of the cut-off dated 01.06.2018 pertaining to the recruitment to the post of Teacher Gr. III (Level-I) for TSP area and seeking a direction to the respondents to prepare a revised cum fresh merit list while applying the proper reservation procedure according to the Notification dated 04.07.2016 as well as point No. 11 of the advertisement.

2. It is, inter-alia, indicated in the writ petitions that the respondents issued an advertisement No. 2/2018 dated 12.04.2018 for recruitment to the post of 5431 teachers Grade-III (Level-I) - General Education and 72 teachers Grade-III (Level-I) -Special Education for TSP area. The minimum qualification indicated was Senior Secondary with BSTC and having passed Rajasthan Eligibility Examination for Teachers ('REET')/RTET.

3. It is claimed that the petitioners having requisite qualification submitted their on-line application forms. A district and category-wise vacancy was also issued by the respondents, which has been placed on record as Annexure-2. It is submitted that after completing the process, the respondents issued the cut-off list on 01.06.2018 (Annex. 3), according to which, all the candidates, who had applied as TSP (General), TSP (SC) and TSP (ST) (widow and divorcee), got selected and the cut-off for male and female TSP (ST) was indicated as 51.33% marks.

4. It is, inter-alia, submitted by learned counsel for the petitioners that the manner and procedure adopted by the respondents for determining the merit of TSP (ST) category in issuing the cut-off date 01.06.2018 is highly arbitrary and against the settled procedure.

5. Submissions have been made that in all 5431 posts in the entire TSP area was advertised and the respondents have issued the list of selected candidates for only 4264 posts, resulting in 1167 posts still remaining vacant, regarding which the merit has not been prepared by the respondents.

6. Submissions have been made that the respondents have wrongly not considered the candidature of those candidates, who secured less than 60% marks in RTET/REET examination against the TSP(General) category, which is contrary to the stipulation indicated in the advertisement itself, whereby for candidates of Scheduled Tribe category of the scheduled area, the minimum requirement is 36% marks only and therefore, those candidates who got even less than 60% marks, upto 36% marks were entitled to be considered against the position of TSP (General) category. However, the respondents have wrongly confined the same to 60%, resulting in large number of posts remaining vacant in the category of TSP (General), inasmuch as, the respondents have not migrated the ST candidates, who have got less than 60% marks in RTET/REET from ST to General, which is wholly contrary to the entire scheme and various notifications issued in this regard and therefore, the respondents be directed to redraw the list by treating the candidates, who have got marks 36% and above as eligible to be considered against the category of TSP (General) as per their merit and the petitioners, who are low in merit qua the candidates selected under the TSP (ST) category be accorded appointment as per their merit either in TSP (General)/TSP(ST).

7. On notices being issued/the respondents having appeared on caveat, a reply to the writ petition has been filed by the respondents, inter-alia, indicating that the total of 5431 posts were advertised for TSP area, out of which 50% seats were kept for General category 50% seats for reserved category; whereafter, the merit list was prepared as per Clause 13 of the advertisement, which required the candidates, who possessed 60% marks in RTET/REET, however, the incumbents belonging to ST of scheduled area having 36% marks in RTET/REET were also eligible and therefore, the merit list/cut-off was prepared accordingly.

8. Submissions have been made that those belonging to TSP