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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR, J.
Surendra Singh S/o Sh. Arjun Singh – Appellant
Versus
Raj. Public Service Commission, Through Its Chairman, Ajmer, Rajasthan – Respondent
S.B. Civil Writ Petition No.4296 of 2021
Decided on : 14-12-2023
Ex-Servicemen - Rajasthan State and Subordinate Services Combined Competitive Examination - Rules of 1988 - Rule 6B, Notification dated 17.04.2018, Corrigendum dated 22.05.2018, Notification dated 22.12.2020 - The court discussed the eligibility of the petitioner for consideration in the Ex-Servicemen category against the reserved seats in the state service. It interpreted the provisions of Rule 6B and its amendments, emphasizing the requirement of retirement proof and the retrospective effect of the amendments. The court found that the petitioner's candidature was rightly denied based on the applicable rules and notifications.
Fact of the Case:
The petitioner, an ex-service personnel, participated in the Rajasthan State and Subordinate Services Combined Competitive Examination 2016 and secured a position in the final merit list. Subsequently, during the selection process for RAS Exam 2018, the petitioner's candidature in the Ex-Servicemen category was denied due to retirement date exceeding the specified timeline.
Finding of the Court:
The court found that the petitioner's candidature was rightly denied as per the Rules of 1988 and the notifications issued by RPSC. It held that the amendments to Rule 6B did not have retrospective effect and the petitioner's retirement date did not meet the eligibility criteria.
Issues: The main issue was the eligibility of the petitioner for consideration in the Ex-Servicemen category against the reserved seats in the state service, based on the retirement date and the applicability of the amended rules and notifications.
Ratio Decidendi: The court's decision was based on the interpretation of Rule 6B and its amendments, emphasizing the requirement of retirement proof and the retrospective effect of the amendments. It held that the petitioner's retirement date did not meet the eligibility criteria as per the applicable rules and notifications.
Final Decision: The writ petition was dismissed, and the court upheld the decision to deny the petitioner's candidature in the Ex-Servicemen category for RAS examination, 2018.
JUDGMENT :
1. By way of filing the present writ petition, the petitioner has prayed for the following reliefs:
B. By an appropriate writ order or direction, may kindly quash and set aside any order passed by the respondent or any revision of merit list by which the candidature of the petitioner denied in ex-servicemen category.
C. Any other appropriate writ, order or direction, may kindly be passed in favor of the petitioner.
D. Writ petition filed by the petitioner may kindly be allowed with costs.”
2. Learned Counsel for the petitioner submitted that the petitioner while being in the service of Indian Air Force, participated in the Rajasthan State and Subordinate Services Combined Competitive Examination 2016 (hereinafter referred to as ‘RAS Exam 2016’ for short) in pursuance to the advertisement dated 24.04.2016 issued by Rajasthan Public Service Commission (RPSC). Prior to appearing for the document verification / interview in the selection process initiated vide advertisement dated 24.04.2016, the petitioner obtained an NOC dated 16.08.2017 (Annex. 2) from the competent authority of Indian Air Force and after clearing all the stages of examination i.e. Preliminary, Mains Examinations and Interview, he secured his position in the final merit list dated 17.10.2017 (Annex. 3) issued by the RPSC. Based on the merit secured by the petitioner in the RAS Exam 2016, he was allotted Rajasthan Accounts Service (RAcS) and consequently the appointment order dated 30.06.2019 (Annex. 5) was issued in favour of the petitioner by the Competent Authority of the Department of Finance, Rajasthan, Jaipur.
3. Learned Counsel for the petitioner further submitted that during the pendency of the selection process initiated by RPSC for RAS Exam 2016, another advertisement dated 02.04.2018 (Annex. 6) for Rajasthan State and Subordinate Services Combined Competitive Examination 2018 (hereinafter referred to as ‘RAS Exam 2018’ for short) came to be issued by the RPSC. It was urged that the advertisement dated 02.04.2018 (Annex. 6) was issued by RPSC only after publication of the final merit list, dated 17.10.2017 (Annex.3) but prior to the issuance of final appointment order dated 30.06.2019 (Annex. 5) made in favour of the petitioner pertaining to selection process for RAS Exam 2016.
4. Learned counsel for the petitioner submitted that the petitioner being eligible and entitled for appointment against the advertised posts for RAS Exam 2018, applied for the same. It was further urged that while the recruitment process for RAS Exam 2018 was in progress, a notification dated 17.04.2018 (Annex. 7) came to be issued by the Department of Personnel, Rajasthan Jaipur whereby certain amendments were made in the Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules, 1988 (hereinafter referred to as ‘Rules of 1988’). As per the notification dated 17.04.2018 (Annex. 7), the existing Rule 2 of the Rules of 1988, governing appointment and reservation to the Ex-Servicemen in various services under state, got substituted by a new Rule 2, whereby 5% of the posts in state services were kept reserved for the Ex-Servicemen Category. In other words, Ex-Service personnel were provided reservation against 5% of the posts in state services. After issuance of notification dated 17.04.2018 (Annex.7), a corrigendum dated 22.05.2018 (Annex.8) to the advertisement pertaining to RAS Exam 2018, came to be issued by RPSC whereby 5% posts in state services were kept reserved for the Ex-Servicemen. The last date for submission of application forms for RAS Exam 2018 was 31.05.2018.
5. The petitioner after issuance of corrigendum dated 22.05.2018 to the adverti
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