Pravin Kumar Patidar @APPELLANT@Hash State of Rajasthan & Ors.

The petitioner no.1 present in person submits that the matter is squarely covered by the judgment passed by this Court in Hamender Singh & Ors.

Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition No.5089/2018, decided on 02.05.2018). The judgment reads as under :-

 “ 1. The petitioners have preferred these writ petitions, in sum and substance, for the following reliefs :-

              SBCWP No.5089/2018

“(a) by an appropriate writ, order or direction, the respondents be kindly directed to treat the humble petitioners as candidates of TSP Area

only and

(b) by an appropriate writ, order or direction, the respondentsmay kindly directed to give appointment and posting to the humble petitioners in the

category of TSP Area and they may further be directed to conduct the counseling while treating category of humble petitioners as TSP only

(c) Any other appropriate writ, order or direction which thisHon`ble Court may deem just and proper in the facts and circumstances of the case may

kindly be passed in favour of the petitioner.

(d) Writ petition filed by the petitioner may kindly be allowedwith costs.â€​

2. The brief facts as noticed by this Court are that the respondents issued an advertisement on 13.7.2016 (Annex.1) for appointment of Teacher

Grade-II in various subjects under the provisions of Rajasthan Education Subordinate Service Rules, 1971 and the Rajasthan Scheduled Areas

Subordinate, Ministerial and Class-IV Service (Recruitment and Other Service Conditions) Rules, 2014. All the petitioners herein secured cut-off

marks above then the one issued by RPSC on 7.2.2018, thus, are totally fit and eligible to be appointed on the post of Teacher Grade-IIÂ Â Â in TSP

category. Counsel for the petitioner has shown circular dated 02.4.2018 wherein it has been observed at Item No.24 that an incumbent who applied in

TSP Category and has been declared successful would be posted in TSP Area only. Condition No.24 of the circular dated 02.4.2018 reads as follows

:-

“24- Vh,lih ,fj;k gsrq fu/kkZfjr fjfDr;ksa ds izfr (TGEM, TGEF, TSTM, TSTF, TSCM ,oa TSCF ds izfr) p;fur vH;fFkZ;ksa dks Vh,lih ,fj;k esa gh

inLFkkfir fd;k tkosxk] ,sls vH;fFkZ;ksa dks lkekU; {ks= esa inLFkkfir ugha fd;k tkosA lkekU; {ks= gsrq p;fur vH;fFkZ;ksa dk inLFkkiu Vh,lih ,fj;k

esa ugha fd;k tkosAâ€​

Counsel for the petitioner states that the petitioners are aggrieved by their category being changed from TSP to  Non-TSP Category. Counsel for

the petitioner pointed out from Rule 31 of the Rajasthan Scheduled Areas Subordinate, Ministerial and Class-IV Service, which reads as follows :-

Appointment to the service â€" Appointment to posts(s) in the Service by direct recruitment or by promotion, as the case may be, shall be made by

the Appointing Authority on occurrence of substantive vacancies from the candidates selected under rule 25 in order of merit and by promotion from

the persons selected under rule 29 of these rules. The persons so appointed shall be transferable from one place to the other within the Scheduled

Area irrespective of the place of appointment taking the entire Scheduled Area as a Unit i.e. the entire Scheduled Area shall be the closed cadre.

When a person so appointed cannot be transferred outside the closed cadre in any capacity which also included deputation & reverse deputation.â€​

Counsel for the petitioner, thus, pointed out that TSP Area is a closed cadre and a person so appointed in a closed cadre can neither be transferred

outside the closed cadre nor he can be put on deputation even. Substantive vacancies determined under Rule 25 and Rule 29 of the Rules of 2014

become the basis of closed cadre, thus, the recruitment process is accordingly operated.

Shri B.L. Bhati & Shri Tarun Joshi have pointed out that migration of any category has to be permitted in accordance with merit and precedent law

laid down in the matters of Vijaykant Meena & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.3249/2015, decided on 29.09.2015)

and Ashok Kumar Meena & Ors. Vs. State of Rajasthan & Ors. (D.B. Civil Special Appeal (W) No.1106/2015, decided on 08.1.2016).

Counsel for the petitioner in his rejoinder stated that the precedent law stated above is distinguishable as the earlier recruitment for the

aforementioned post did not take place under the Rajasthan Scheduled Areas Subordinate, Ministerial and Class-IV Service (Recruitment and Other

Service Conditions) Rules, 2014, whereas, in light of clear statutory provision in the shape of Rule 31 of the Rules of 2014 the petitioners participated

on their own option in the TSP Category, which is a closed cadre and, therefore, their appointment, posting, transfer and service has to be regulated as

per Rule 31 of the Rules of 2014.

After hearing learned counsel for the parties and perusing record, particularly, Rule 31 of the Rules of 2014 governing advertisement as per its

first line clearly provide that appointment, transfer and all other service exigencies shall be in a closed cadre of a scheduled area and even if the

transfer has to happen, then it shall be in the closed cadre in scheduled area and even deputation cannot be made outside the schedule area.

In light of aforesaid observations, the writ petitions are disposed of with a direction to the respondents to consider the petitioners in closed cadre of

scheduled area as per substantive vacancies determined in accordance with Rule 31 of the Rules of 2014 and since the petitioners have participated in

pursuance of advertisement dated 13.07.2016, they shall be given appropriate appointment and place of posting in TSP Area.â€​

This Court has carefully perused the facts of the writ petition and apparently the submission of the petitioner no.1 present in person is correct,

therefore, the writ petition is disposed of with a direction to the respondent to consider the case of the petitioners in light of the aforementioned

precedent law and take appropriate decision accordingly within a period of 30 days from today strictly in accordance with law.