Candidates from Scheduled Areas must be appointed and posted according to their selection for Scheduled Area vacancies, respecting their rights under the applicable rules.

JUDGMENT

DB Civil Misc. Appln. No.551/2020 in DBSAW No.856/2020 DB Civil Misc. Appln. No.173/2021 in DBSAW No.398/2021 DB Civil Misc. Appln. No.552/2020 in DBSAW No.868/2020 DB Civil Misc. Appln. No.192/2021 in DBSAW No.341/2021

1. These applications are filed by the appellants State Government as well as Rajasthan Public Service Commission (for short 'the RPSC') seeking condonation of delay caused in filing the respective appeals. For the reasons stated in these applications and those made out before us during course of the arguments, delay is condoned. The applications are disposed of.

D.B. Civil Special Appeal (Writ) Nos.856/2020, 398/2021, 868/2020, 341/2021:-

2. These appeals arise out of the common judgment of the learned Single Judge dated 20.12.2019 passed in Civil Writ Petition No.12691/2017(in case of Nilesh Kumar Jain and Ors. Vs. State of Rajasthan and Anr.), Civil Writ Petition No.12688/2017(in the case of Unnati Jain and Anr. Vs. State of Rajasthan and Ors.) and Civil Writ Petition No.13422/2017(in the case of Naveen Kumar Khandal and Ors. Vs. State of Rajasthan and Ors.).

3. Brief facts are as under:-

4. Part 10 of the Constitution of India pertains to Scheduled and Tribal Areas. Article 244 contained in the said Part pertains to Administration of Scheduled Areas and Tribal Areas. Clause (1) of Article 244 provides that the provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura and Mizoram. For these States as per Clause (2) of Article 244 special provisions are contained in Sixth Schedule. Schedule V as referred to in clause (1) of Article 244 contains the provisions as to the administration and control of Scheduled Areas and Scheduled Tribes. Part B of Schedule V pertains to administration and control of Scheduled Areas and Scheduled Tribes. Clause 4 contained in Part B pertains to establishment of Scheduled Tribes Advisory Council. Clause 5 pertains to law applicable to Scheduled Areas. Sub-clause (1) thereof gives special powers to the Governor by publication of notification to provide that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof. Sub-clause (2) of Clause 5 authorizes the Governor to make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area.

5. In exercise of powers under proviso to Article 309 of the Constitution the State Government had framed the Rules called The Rajasthan Scheduled Areas Subordinate, Minsterial and Class-IV Service (Recruitment and other Service Conditions) Rules, 2014 (hereinafter to be referred as 'the said Rules'). Sub-rule (3) of Rule 1 of the said Rules provides that the Rules shall apply to entire establishments of the Subordinate, Ministerial and Class-IV services of various departments created in the Scheduled Areas within the State for appointments to posts in connection with the affairs of the State. Part-III of the Rules pertains to recruitment. Rule 6 contained in Part-III pertains to method of recruitment. Sub- rule (1) of Rule 6 envisages recruitment to various posts in the Scheduled Areas by direct recruitment or promotion as provided under the Rules. Sub-rule (3) of Rule 6 pertains to existing employees of the Government belonging to Scheduled Areas and provides that such persons shall have one time option for their absorption by exercising option within one month from the date of receipt of the communication from the appointing authority. The person so absorbed would not have the right to be transferred and/or deputed outside this closed cadre. Rules 8 to 11 of the said Rules provide for reservation in favour of different categories in the vacancies in the Scheduled Areas. Rule 13 requires the appointing authority to determine the actual number of vacancies occurring during the year.

6. Part-IV of the sai