Promotions and seniority in public service must adhere to established service rules, ensuring proper application and resolution of disputes regarding inter se seniority.

Order :

1. At the threshold, Mr. S.S. Ladrecha, learned AAG, along with Mr. Jai Karan Bishnoi, Deputy Director, fairly submits that if the channel of promotion and counseling remains in abeyance, it will prejudice thousands of candidates who are due for their promotions and postings.

1.1 They further submit that out of the 9,998 posts of Vice Principals, in accordance with the earlier order passed by this Court on 24.05.2024, 5,712 persons have already been given promotions / posting to their respective posts after counseling, but for the remaining 4,286 posts of Vice Principals that are still lying vacant, a permission may be given to fill these posts through counseling and implement promotions / postings through the counseling process.

1.2 They further fairly submits that since the dispute regarding inter se seniority between these candidates is pending, therefore, for resolving the same, the State shall take a stand; however, in the meanwhile, permission may be granted subject to the final outcome of such petitions.

2. Learned counsel appearing for the parties submits that the dispute of inter se seniority may be resolved and the 1,641 priority class candidates alongwith 280 physically disabled persons may be protected.

3. At this stage, Mr S.S. Ladrecha, learned AAG also submitted that the seniority list is being operated as per the notification dated 10^th October, 2002, relevant portion whereof reads as follows:-

“In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India , the Governor of Rajasthan hereby makes the following rules, further to amend the various Service Rules as mentioned in the Schedule appended hereto, namely:-

1. Short title and commencement:-” (1) These rules may be called the Rajasthan Various Service (Amendment) Rules, 2002.

(2) They shall come into force with immediate effect.

2. Amendment:- The existing clause to rule as mentioned in Column No.3 against each of the service rules as mentioned in Column no.2 of the Schedule appended hereto, shall be substituted by the following, namely:-

“ Member of the Service means a person appointed to a post in the service on the basis of regular selection under the provisions of these rules or the rules or order superseded by these rules.”

3. Amendment:- The existing substantive provisions of rules (i.e. except the provisions thereto) as mentioned in Column No.4 against each of the service rules as mentioned in Column No.2 of the Schedule appended hereto, shall be substituted by the following, namely:-

“Seniority of persons appointed to the post enordered in the service shall be determined from the date of appointment on the post after regular selection in accordance with the provisions of these rules.

Appointment on adhoc or urgent temporary basis shall not be deemed to be appointment after regular selection.”

4. Learned counsel for the parties submit that such rules are not being properly applied and need to be addressed before this Court to finally decide the dispute of inter se seniority.

5. The matter requires consideration.

6. Learned AAG is directed to take final instructions regarding the inter se seniority of the Lecturers and address this Court on the next date.

7. Thus, while keeping the issue open to be addressed on the next date i.e., 15.04.2025, it is directed that the State shall complete the exercise of conducting the review DPC / DPC for the posts of Vice Principals and Principals and also complete the task of posting after proper counseling. This exercise shall be completed for all the posts that are vacant on this date, for which the review DPC / DPC is due. It is made clear that such promotion/posting shall remain subject to the final outcome of these petitions. This order shall supersede all orders previously passed in this matter by this Court as well as Hon'ble Single Bench in the ongoing litigation before this Court today.

8. List all the matters on 15.04.2025, except for the mattes mentioned in para 9 of this order.

9. A