JUDGMENT

ORDER

Ashok Kumar Gaur, J. - The present batch of writ petitions involves common issue relating to method of recruitment on the post of Junior Accountants against 12.5% by way of direct recruitment from the ministerial staff of all the departments of Government holding a post in the cadre substantively. The prayer made in the present batch of writ petition is also to declare petitioners appointed substantively, on the post of Lower Division Clerk for the purpose of considering their cases under Rule 6(iii) of the Rajasthan Subordinate Accounts Service Rules, 1963.

2. Since the issues raised in the petitions and prayer made are common, the present writ petitions are decided by this common order. The facts from S.B.Civil Writ Petition No.10008/2017 are taken as a lead case to decide the present controversy.

3. The petitioners are the candidates who appeared in the competitive examination conducted in 2011 by the Rajasthan Public Service Commission (hereinafter called, "RPSC") for the post of Lower Divisional Clerk as per Rajasthan Subordinate Offices Ministerial Service Rules, 1999 (hereinafter called, "Ministerial Rules, 1999"). The petitioners after declared being successful in the said examination, came to be appointed in the year 2013 on the post of Lower Divisional Clerk and they were put on probation for period of 2 years and were fixed in pay band of Rs. 5200-20200. The petitioners have asserted in the petition that they were appointed on substantive basis as per mandate of Rule 38 of the Ministerial Rules, 1999 and their appointment was substantive in nature as per definition given in Rule 2(k) of the Ministerial Rules, 1999.

4. The Rajasthan Public Service Commission issued an advertisement on 18.09.2013 for making appointment on 3491 posts of Junior Accountants as per the Rajasthan Subordinate Accounts Services Rules, 1963 (hereinafter called as "Rules of 1963").

5. The RPSC issued a corrigendum on 31.10.2014 providing 12.5% horizontal reservation for the ministerial staff of all the departments of the Government on 437 posts. The advertisement was further amended vide corrigendum dated 16.04.2015 wherein the last date of submission of the online application was extended upto 15.05.2015. The petitioners have submitted in the petition that they were eligible for the post of Junior Accountant, as they were appointed substantively in the cadre of Lower Divisional Clerk, they submitted their online applications.

6. The RPSC conducted the examination on 02.08.2015 in pursuance of the advertisement dated 18.09.2013 and subsequent corrigendum dated 31.10.2014 and 16.04.2015. However, the examination was cancelled by the High Court due to leak of question papers.

7. The petitioners have asserted in the petition that all the petitioners were confirmed on completion of their 2 years probation period on various dates starting from June, 2015 to September, 2016. The petitioner have further submitted that they were confirmed prior to issuance of press-note dated 10.08.2016.

8. The RPSC published a press-note dated 10.08.2016 stating that all the applicants who have applied for the post of Junior Accountant and Tehsil Revenue Accountant, could edit their application until 01.10.2016.

9. The RPSC conducted examination for the post of Junior Accountant on 04.10.2016. The petitioners who appeared in the said examination, found their names in merit, in the result which was revised five times on account of their being wrong questions in the question paper and as per directions of the High Court.

10. The petitioners have submitted that their names were included in each final result issued by the RPSC. The petitioners have further submitted that on 04.01.2017, RPSC sought clarification from the State Government on four issues and one of the issue was with regard to ministerial staff, who were substantively appointed before the last date of filling the application i.e. 15.05.2015 to be eligible to get the benefit of reservation of 1