JUDGMENT

M.N. Bhandari, J. - The Rajasthan Public Service Commission (RPSC) issued an advertisement on 28.02.2008 to call for applications for the post of Junior Marketing Officer (JMO). Initially, 84 posts were advertised, out of which, 21 posts were kept for Marketing Supervisors and Ministerial Staff against 25% post meant for them. The remaining posts were for open market candidates. The reservation to SC, ST and OBC candidates against the post meant for Marketing Supervisors and Ministerial Staff was also provided. The RPSC subsequently issued a corrigendum to reduce the posts from 84 to 79 and the posts meant for Marketing Supervisor and Ministerial Staff from 21 to 19. The petitioner preferred writ petition when out of 19 posts meant for Marketing Supervisor and Ministerial Staff could not be filled, rather, 10 posts remained vacant. The majority of such Posts were belonging to the Scheduled Tribe, OBC and Scheduled Castes. The prayer was made to give appointment from an amongst open market candidates as departmental candidates are not available to fill 25% post meant for them. When the respondents did not accept the prayer made by the appellant, the writ petition was filed.

2. Learned counsel for the appellant submits that proper interpretation of para 7 of the advertisement and the Rules has not been taken. Para 7 as well as Schedule appended to the Rules provide for reservation on the post of JMO for Marketing Supervisors and Ministerial Staff. Since the word "reservation" has been used in the Schedule appended to the Rules as well as in para 7 of the advertisement, it is to be arranged horizontally. In case of non-availability of reserved category candidates, it should have been filled by normal procedure as no provision for carry forward of the post exist. The respondents have failed to take proper interpretation of the Rules. Accordingly, lift out 10 posts should be given to the open market candidates. To support the argument, reference of the judgment in the case of Surendra Narain Singh & Ors. versus State of Bihar & Ors. (1998) 5 Supreme Court Cases 246 and K.N. Sreenivasan versus Flag Officer Commanding-in-Chief, Headquarters, Kochi & Ors. (1996) 7 Supreme Court Cases 73 has been given. In the cases referred above, the candidates from reserved category were not available, thus ordered to be filled by normal procedure.

3. The respondents have failed to follow the Rajasthan Subordinate Service (Recruitment and other Conditions) Rules, 2001 as they have failed to make appointment by normal procedure against the fill left out post. The prayer is to allow the appeal with grant of prayer since the petitioner appellants are in the merit thus a direction for their appointment be given against the vacant posts.

4. We have considered submissions made by learned counsel for the petitioner-appellants and perused the record.

5. Learned counsel for the petitioner-appellant has made emphasis on para 7 of the advertisement coupled with Schedule appended to Rules of 2001 to show that out of the total posts of JMO to be filled by direct recruitment, 25% of the posts were reserved for Marketing Supervisors and Ministerial Staff of the Department. According to him, reservation is to be applied horizontally because social reservation is meant for Scheduled Castes, Scheduled Tribes and OBC and is arranged vertically. To clarify the factual and legal position, it would be gainful to quote schedule appended to the Rule on which much emphasis has been made by the learned counsel for petitioner-appellant.

STATE AGRICULTURE MARKETING DEPARTMENT SECTION

Marketing