Hon'ble MATHUR, J.—By 73rd amendment of the Constitution of India, a constitutional status was conferred on Panchayati Raj Institutions as the third stratum of governance. The amendment aforesaid was a landmark step to satisfy directives of the State Policy enshrined under the Constitution. With an object to bring a law relating to Panchayti Raj Institution in conformity with the constitutional status granted to such institutions, the Rajasthan State Legislature enacted Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as `the Act of 1994'). The Act of 1994 is a complete code of governance through Panchayati Raj Institutions in rural area of the State.

2. Section 78 to Section 84 of the Act of 1994 deals with appointment and deputation of officers and staff, while Section 89 deal with the formation of service for the Panchayati Raj Institutions in the name of "Rajasthan Panchayat Samiti and Zila Parishad Service." Section 90 deal with the constitution and functions of District Establishment Committee and Section 91 pertains to discipline among the members of the Panchayat Samiti and Zila Parishad service.

3. Section 102 of the Act of 1994 empowers the State Government to make Rules to carry out objects and the purposes of the Act. Exercising this power, the State of Rajasthan framed "The Rajasthan Panchayati Raj Rules, 1996" (hereinafter referred to as the `Rules of 1996'). Chapter XII of the Rules of 1996 relates to the recruitment of staff for the Panchayti Raj Institutions and to regulate other service conditions for the employees.

4. A complete procedure i.e. required to be adhered while making direct recruitment to the Rajasthan Panchayat Samiti and Zila Parishad Service is given in Rules 270 to 277. As per Rule 270, the District Establishment Committee on receiving requisitions for direct recruitment by the Panchayat Samiti or the Zila Parishad, as the case may be, shall invite applications through open advertisement in daily newspaper having wide circulation. The application as per Rule 271 is required to be made in a format prescribed by the District Establishment Committee. After scrutiny of the applications, the District Establishment Committee is required to conduct written test for all categories of service except for Class IV service and for the post of Drivers. The written test aforesaid is to be conducted as per the procedure given in Rule 273 of the Rules of 1996. At the time of introduction of the Rules, the Rule 273 was in the following terms:

"Rule 273. Written test.- The Committee may hold a written test for all categories of service except drivers and class IV. [The examination shall be conducted as per directions of the State Govt. The syllabus for completive examination for direct recruitment to the post of [School teachers class 1 to 5 shall be as specified in Schedule II and Teachers classes 6 to 8 shall be specified in schedule III.] D.E.C. Will prepare the merit list on such basis:

Provided that selections for the various posts shall be made in accordance with the general directions given by the State Government from time to time in this respect. It may not be necessary to call the candidate for interview if so provided in those directions."

5. A second proviso was added to Rule 273 under a notification dated 11.5.2011 and that reads as under:

"Provided further that for the recruitment of Teachers Classes 1 to V and VI to VIII, the District Establishment Committee shall prepare merit list on the basis of marks obtained in written test and adding 20% of marks obtained in Teacher Eligibility Test."

6. An amendment was further made in Rule 273 aforesaid by introducing a new proviso vide the Government of Rajasthan notification dated 17.12.2012, however, the same was re-amended by the Rajasthan Panchayati Raj (Amendment) Rules, 2013 notified under a notification dated 29.1.2013 and the existing second proviso reads as under:

"Provided also that in case of appointment to the post of Lower Division Clerk

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