The eligibility/disqualification of a candidate has to be adjudged on the last date of making the application for direct recruitment, and the applicability of a provision is not limited to those entering into service after its introduction.

ORDER :

1. This writ petition has been filed by the petitioner seeking a declaration that petitioner is entitled to get the benefit of reservation provided for Ex-serviceman in the selection process of Lecturer, School Education commenced by notification dated 28/4/2022 and direct the RPSC to consider the candidature of the petitioner as Ex-serviceman.

2. It is inter alia indicated in the petition that the petitioner was appointed as Teacher Gr.III Level – 2 (Social Studies) through recruitment process initiated vide notification issued in the year 2012 by availing the benefit of reservation meant for Ex-serviceman. The advertisement dated 28/4/2022 was issued by the respondents for recruitment on the post of Lecturer, School Education, wherein, the petitioner applied in Ex-serviceman category. After conduct of examination by the RPSC, the result was declared and two times the candidates were called for document verification. The petitioner was called for counselling/document verification on 28/7/2023. On 11/8/2023, the RPSC published a Press note along with the list of candidates, whose documents were carrying deficiencies (Annex.7). Against the name of petitioner, it was indicated ‘B.Ed. Original degree, Double benefit, remove Ex, Fees not received’ and time was granted to remove the deficiencies. The petitioner removed the deficiencies pertaining to original degree and fees, however, regarding purported deficiencies pertaining to his seeking benefit of reservation as Ex-serviceman, the same was refused and a communication was received on whatsapp indicating the change in his category from Ex-serviceman.

3. Submissions have been made that the petitioner has been deprived from the reservation provided to Ex-Serviceman based on the provisions of Rule (2-A) of the Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules, 1988 (‘the Rules, 1988’).

4. Learned counsel for the petitioner made submissions that the amendment by way of introducing Rule (2-A) has been made by notification dated 22/12/2020 and the said Rule cannot be given retrospective effect by debarring the benefit to the petitioner.

5. Learned counsel emphasized that as the said Rule was not on the statute book in the year 2012, when the petitioner was appointed on the post of Teacher Gr.III Level – 2 (Social Studies), the same cannot now be used against the petitioner by claiming that the petitioner is taking second benefit, as at the relevant time there was no restriction in taking benefit of the status as Ex-serviceman more than once and, therefore, the action of the respondents deserves to be quashed and set aside.

6. I have considered the submissions made by learned counsel for the petitioner and have perused the material available on record.

7. Rule (2-A) in the Rules of 1988 was introduced by way of amendment dated 22/12/2020, inter alia reads as under:

“(2-A) Once an Ex-Serviceman has joined service on the post under the Government of Rajasthan after availing of the benefit of reservation, his Ex-Serviceman status for the purpose of re-employment in Government of Rajasthan would cease. After joining the employment under the Government of Rajasthan the person would be deemed to be a civil employee.

Provided that in case of direct recruitment where experience of a lower post is essential for any post the Ex-Serviceman shall not be debarred from the benefit of Ex-Serviceman category only because of being employed in government service on a lower post of which experience is required for the direct recruitment on the higher post.

Provided further that in case an Ex-Serviceman applies for various posts before joining any employment under the Government of Rajasthan and give self-declaration/undertaking to concerned employer about the date-wise details of application for various posts for which he/she had applied for before the joining the initial post under the Government of Rajasthan, shall not be debarred from the benefit of Ex-Servicemen category for appoint