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2019 Supreme(Raj) 786
IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
S. RAVINDRA BHAT, DINESH MEHTA, JJ.
Virendra Kumar and Ors - Appellant
Versus
The State of Rajasthan and Ors - Respondent
D.B. Spl. Appl. Writ Nos. 1733, 1555, 1561, 1608, 1723, 1731, 1780, 1782, 1784, 1802, 1814, 1863, 1909, 1929 of 2018, 4, 186, 206, 214, 249, 253, 264, 285, 287, 288, 389, 392, 424, 426, 505, 529, 536, 584, 594, 597, 598, 599, 601, 608 and 358 of 2019
Decided On : 09-08-2019
Advocate Appeared:
For the Appellant : Kuldeep Mathur, Vikas Balia, Vineet R. Dave, Deepak Vyas for Muktesh Maheshwari, Virendra Acharya for Vinay Jain, Nikhil S. Dungawat, Hapu Ram, M.S. Purohit, Archana Joshi, R.S. Saluja, Bhawani Singh, Chaitanya Gahlot, Lokesh Mathur, Om Rajpurohit, Anil Vyas for S.D. Vyas, Kan Singh Oad and H.S. Sidhu
For the Respondent: Rekha Borana, AAG, Vaishali Parihar, Saransh Viz, Anurag Shukla, Bhanu Prakash Rajpurohit, Rajesh Parihar and Sunil Purohit
Headnote:
The Rajasthan High Court upheld the lottery system for recruitment of Safai Karamcharis, but struck down the inclusion of reserved category candidates who availed age relaxation in the general category draw of lots. The court also held that the State could combine the vacancies from the 2012 recruitment process with later vacancies and conduct a fresh recruitment process.
Fact of the Case:
The State of Rajasthan issued an advertisement in 2018 inviting applications for the post of Safai Karamcharis. The recruitment process was challenged by various petitioners on the grounds that it was based on a lottery system, that reserved category candidates were allowed to participate in the general category draw of lots, and that vacancies from the 2012 recruitment process were combined with the 2018 vacancies.
Finding of the Court:
The court upheld the lottery system for recruitment of Safai Karamcharis, holding that it was a fair and transparent method of selection. However, the court struck down the inclusion of reserved category candidates who availed age relaxation in the general category draw of lots, holding that this violated the principle of equality. The court also held that the State could combine the vacancies from the 2012 recruitment process with later vacancies and conduct a fresh recruitment process.
Issues: 1. Whether the lottery system for recruitment of Safai Karamcharis was valid. 2. Whether reserved category candidates who availed age relaxation could be included in the general category draw of lots. 3. Whether the State could combine the vacancies from the 2012 recruitment process with later vacancies and conduct a fresh recruitment process.
Ratio Decidendi: 1. The lottery system for recruitment of Safai Karamcharis was valid because it was a fair and transparent method of selection. 2. Reserved category candidates who availed age relaxation could not be included in the general category draw of lots because this violated the principle of equality. 3. The State could combine the vacancies from the 2012 recruitment process with later vacancies and conduct a fresh recruitment process because there was no rule or regulation which precluded the State from doing so.
Final Decision: The appeals were partly allowed. The court upheld the lottery system for recruitment of Safai Karamcharis, but struck down the inclusion of reserved category candidates who availed age relaxation in the general category draw of lots. The court also held that the State could combine the vacancies from the 2012 recruitment process with later vacancies and conduct a fresh recruitment process.
JUDGMENT :
S. RAVINDRA BHAT, J.
1. All these appeals challenge a common judgment and order of a learned Single Judge, who disposed of a large number of writ petitions, which had impugned the recruitment and appointment to the post of Safai Karamcharis, through a process that began in April, 2018.
2. The State of Rajasthan (hereafter "the State") by advertisement dated 13th April, 2018, invited applications from eligible candidates for appointment as 'Safai Karamchari' (hereafter "the 2018 recruitment"). Simultaneously, the State withdrew its earlier advertisements dated 25th May, 2012 and 31st May, 2012, to the extent of appointments not made, after completion of selection process (in terms of those two advertisements). The State however clarified that those participating in the two recruitments of 2012, were to be considered in the new selection process initiated by advertisement dated 13th April, 2018, by allowing age relaxation to them. Writ petitions were instituted challenging the 2018 recruitment process, on various grounds. The grounds urged were firstly, legality of the procedure for direct recruitment on the basis of a lottery system; secondly whether SC/ST reserved category candidates could be considered for OBC or general category vacancies after the vacancies for their category were filled; thirdly, legality of including vacancies left over from the selection process of year 2012, to the extent where appointments could not be made, in the 2018 recruitment.
3. The brief facts are that a learned Single Judge of this Court, in SBCWP No. 1177/1992: Sushila Vs. State of Rajasthan & Ors. (decided on 21st October, 1992) inter alia, directed selection on the basis of lottery system, relying upon an earlier decision in Rajasthan Dainik Vetan Bhogi Anshkalin Safai Mazdoor Sangathan and Ors. Vs. State of Rajasthan & Ors. (90) 1992 (2) RLR 516 which had stated that where no minimum qualifications are prescribed, appointments can be resorted through the lottery system. Accordingly, on 13 January, 2003, a circular was issued for selection on the basis of lottery. Shankar and Ors. Vs. State of Rajasthan & Ors.: (SB CWP No. 10715/2009) however deprecated the circular dated 13th January, 2003, providing for appointment by lottery system, in the absence of statutory rules enabling such a procedure.
4. The recruitment process was initiated afresh vide advertisement No. 1/2012 dated 25th May, 2012, and advertisement No. 2/2012 dated 31st May, 2012; for recruitment on the post of 'Safai Karamcharies'. The vacancies initially advertised were subsequently increased. On 3rd May, 2013, the State decided to fill up 20,000 posts from amongst open category and Scheduled Caste candidates, in the first phase. On 23-01-2014, the Rajasthan Municipalities (Safai Employees Service) Rules, 2012, (for short, 'the Rules of 2012'), were amended by introduction of a provision for selection by way of lottery system.
5. Selection, (to the vacancies in the cadre of Safai Karamcharis) in the first phase from amongst open category and Scheduled Caste candidates was challenged; by an order dated 19th January, 2016, this Court declared the bifurcation of two categories for recruitment in the first phase, was illegal and unconstitutional. The State was restrained from providing any reservation of posts to 'Valmiki' and 'Hela' Societies, in the name of preference. It was further held that appointment by lottery system introduced by the amendment to the rules could not be applied to recruitment process initiated vide advertisement dated 25th May, 2012. Consequently, the selections made through lottery system in the year 2012, were declared illegal. A Division Bench of this Court in Amit Gujarati and Ors. Vs. State of Rajasthan and Ors: (DBCWP No. 14059/2015, decided on 19-05-2016), observed that the recruitment process initiated by advertisement dated 25-05-2012, a
