[2025:RJ-JD:53227]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6995/2025 Gourav Chanwariya S/o Sh. Vinod Chanwariya, Aged About 31 Years, R/o Near Osian Mata Mandir, Rajiv Nagar, Karmisaar Road, Bikaner, Po Bikaner Rajasthan.

----Petitioner Versus

1. The Rajasthan Staff Selection Board, Through Its Secretary, State Institute Of Agriculture Management Premises, Durgapura, Rajasthan, Jaipur.

2. Director, Treasury And Accounts, Government Of Rajasthan, Vitta Bhawan, Jan Path, Jaipur, Rajasthan.

3. State Of Rajasthan, Through The Secretary, Department Of Personnel, Government Of Rajasthan, Secretariat, Jaipur.

----Respondents For Petitioner(s) : Mr. Dinesh Kumar Ojha For Respondent(s) : --

HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

08/12/2025

1. The present writ petition has been filed challenging the action of the respondents in not treating the petitioner as a ministerial employee for the purpose of availing the 12.5% reservation meant for ministerial employees in the advertisement dated 21.09.2022, on the ground that the petitioner was working on the post of Ministerial Class-IV under the Rajasthan District Courts Ministerial Establishment Rules, 1986.

2. This Court has considered the order dated 11.09.2025 passed by this Court in S.B. Civil Writ Petition No.339/2025 : Vimal Gupta & Ors. Vs. The Rajasthan Staff Selection Board & Ors.

3. The relevant paragraphs of the order dated 11.09.2025 (supra) reads as follows:

“7. Rule 6 (iii) of the Rules of 1963 lays down as under:-

".......6(iii) Provided also further that 12.5% of the posts of Junior Accountants to be filled in by direct recruitment shall be reserved for being filled in from amongst the ministerial staff of all the departments of the Government holding apost in Cadre substantively, subject to their being found otherwise eligible for such recruitment under the Rules. This reservation shall be carried forward only to the next succeeding year.”

8. Core question which is involved in the instant writ petition is as to whether Ministerial Staff working in Subordinate Court would fall in the category of Ministerial Staff of Government department or not.

9. This question has already been examined by Co- ordinate Bench of this Court in a batch of writ petition led by Dipendra Sanwal & Ors. Vs. State of Rajastan & Ors. (S.B. Civil Writ Petition No.8695/2017) and other connected matters decided on 22.02.2018, wherein the very same Rule 6(iii) was meticulously considered by the Court and after examining the same objection raised on behalf of the State, this Court has observed that Ministerial Staff working in Subordinate Court can be considered as Ministerial Employees for the purposes of Rules 6(iii) of the Rules of 1963.

10. Similar view has been taken by the Co-ordinate Bench of this Court in order dated 01.11.2017 passed in another batch of petition led by S.B. Civil Writ Petition No.11308/2017 (Girraj Kishor Ranga & Ors. Vs. State of Rajastan & Ors.).

11. In the light of the above, the writ petition filed by the petitioners is hereby allowed and petitioners are held entitled for consideration of their cases for appointment on the post of Junior Accountant in the category of Ministerial Employees for the purpose of grant of 12.5% reservation for the aforesaid category. Accordingly the respondents are directed to consider the petitioners for appointment in the category of Ministerial Employees and in case they have secured more marks than the cut-off marks and are otherwise eligible, then appointments shall be given to the petitioners with all consequential benefits. It is made clear that the benefit of notional seniority and pay fixation shall be given to the petitioners from the date on which the persons less meritorious to the petitioners have been given appointment. However, benefit of payment of actual salary shall be given to them only after joining pursuant to appointment order.

12. Necessary compliance be made within a period of two months from the recei