Deva Ram Saran vs State of Rajasthan and Others

Govind Mathur, J.—While exercising powers under proviso to Article 309 of the Constitution of India, the Governor of Rajasthan framed the Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules, 1988 (hereinafter referred to as �the Rules of 1988�) with an object to regulate the recruitment of ex-servicemen in Rajasthan Civil Services. As per Rule 2 of the Rules of 1988 the ex-servicemen are eligible for recruitment and appointment to the posts in all Departments of the State Government as specified in Schedule-I and in Ministerial & Subordinate Service cadre with a quota to the extent of 12�% of the total vacancies. As per Rule 5 of the Rules of 1988 the Administrative Department or the Head of the Department, as the case may be, shall, in respect of the posts specified in Schedule-I determine every year, as far as possible in the month of April, the number of vacancies anticipated during the year according to the quota prescribed in Rule 2 and communicate the same to the Secretary, Rajya Sainik Board alongwith the qualifications for direct recruitment for the concerned posts. The appointments of the ex-servicemen are required to be made as per provisions laid down in the relevant service Rules.

Respondent Rajasthan Public Service Commission under a notification dated 9.4.2007 invited applications from the eligible desirable aspirants to face the Sub Inspector Police Combined Competitive Examination, 2007 conducted for the purpose of making recruitment to various posts including the posts of Sub Inspector Police (A.P.), Platoon Commander, Sub Inspector Police (M.B.C.) under the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter referred to as �the Rules of 1989�).

The petitioner, an ex-serviceman, by this petition for writ, is claiming reservation for exservicemen in Sub Inspector Police Combined Competitive Examination, 2007 as per the provisions of the Rules of 1988. The contention of counsel for the petitioner is that the post of Sub Inspector is prescribed under Schedule-I of the Rules of 1988 and, therefore, recruitment to the posts aforesaid must be made by prescribing reservation in a tune of 12�% of the total vacancies.

In reply to the writ petition, it is stated by the respondents that by notification dated 9.4.2007 a process of selection has been initiated against 244 vacancies and 33 posts have been separately determined to be filled in from the eligible candidates under exservicemen quota and for that purpose necessary amendments in the Rules of 1989 is under contemplation. It is urged by counsel for the respondents that though the reservation is prescribed under the Rules of 1988 for ex-servicemen but the same is not given under the Rules of 1989, therefore, the vacancies relating to ex-servicemen were not notified. Heard counsel for the parties.

The respondents in most unambiguous terms have accepted that 33 vacancies are to be filled in from among the ex-servicemen and the only impediment for not doing so is that the Rules of 1989 do not prescribe for any reservation for ex-servicemen. I do not find any substance in the stand taken by the respondents. Rule 2 of the rules of 1988 provides that �notwithstanding the provisions contained in any existing rules regulating the recruitment and promotion of persons in various services of the State or in the rules that may be framed hereinafter, the ex-servicemen shall be eligible for recruitment and appointment to the posts in all the Departments of the State Government as specified in Schedule-I�.

The scope of the Rules of 1988 is quite broad and their application is not dependent to prescription of reservation in the service rules of the regulating posts on which recruitment is to be made. The provisions of Rule 2 of the Rules of 1988 are having predominance qua the other service rules and that is apparent from the non-obstinating clause given therein. In view of Rule 2 of the Rules of 1988, even if no quota is prescribed for the ex-servicemen under the service rules concerned, the ex-servicemen shall be eligible for recruitment and the appointment to the posts in all Departments of the State Government as specified in Schedule-I and they shall also be entitled for having their own quota as per proviso to Rule 2 of the Rules of 1988. Under Rule 19 of the Rules of 1988, it is only the appointments to the selected candidates are required to be given by the Appointing Authority or the Head of the Department, as the case may be, as per the provisions laid down in the relevant service rules. It is nothing to do with application of quota prescribed for exservicemen.

The non-filling in of the vacancies relating to the posts of Sub Inspector in Rajasthan Police on the ground that the quota for ex-servicemen is not prescribed under the Rajasthan Police Subordinate Service Rules, is erroneous. As a matter of fact in view of Rule 2 of the Rules of 1988 no impediment, as urged by the respondents, is there in satisfying the ex-servicemen quota. The respondents, therefore, must initiate process of selection to fill in the ex-servicemen quota for the posts of Sub Inspector in Rajasthan Police. The quota of exservicemen is required to be filled in alongwith the vacancies advertised under the notification dated 9.4.2007, may that be by holding independent process of selection for ex-servicemen, as the vacancies concerned are determined by the respondents collectively.

Accordingly, this petition for writ is allowed. The respondents are directed to initiate process of selection to fill in the existing 33 vacancies determined against the ex-servicemen quota for the posts of Sub Inspector in Rajasthan Police. The quota of ex-servicemen is required to be filled in alongwith the vacancies advertised under the notification dated 9.4.2007, may that be by holding independent process of selection exclusively for exservicemen.

No order to costs.