S.B. Civil Writ Petition Nos. 9794, 8605, 9442, 9639, 9643, 9645, 9646, 9653, 9662, 9663, 9703, 9704, 9723, 9784, 9941, 10018, 10397, 10430, 10526, 10674, 10927 and 13099/2016. Case: Rajesh Kumar Gaur and Ors. Vs The State of Rajasthan and Ors.. Rajasthan High Court

Case Number:S.B. Civil Writ Petition Nos. 9794, 8605, 9442, 9639, 9643, 9645, 9646, 9653, 9662, 9663, 9703, 9704, 9723, 9784, 9941, 10018, 10397, 10430, 10526, 10674, 10927 and 13099/2016
Party Name:Rajesh Kumar Gaur and Ors. Vs The State of Rajasthan and Ors.
Counsel:For Appellant: S.P. Sharma, Rakesh Arora, Narpat Singh, Bharat Devasi, Madhu Lal Devra and Vineet R. Dave, Advs. and For Respondents: Tarun Joshi and Khet Singh, Advs.
Judges:Nirmaljit Kaur, J.
Issue:Constitution of India - Article 309
Judgement Date:February 03, 2017
Court:Rajasthan High Court
 
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Judgment:

Nirmaljit Kaur, J.

  1. All the abovementioned writ petitions shall stand decided by this common order as the issue involved is identical.

  2. For convenience, the facts are being taken from SB Civil Writ Petition No. 8605/2016 (Pola Ram v. State of Rajasthan & anr.)

  3. The petitioner has assailed the action of the respondent Commission terming it to be arbitrary in the matter of direct recruitment to the post of Rajasthan Administrative Services and various Subordinate Services in pursuance to the advertisement dated 24.06.2013. These writ petitions are filed by Ex-Servicemen.

  4. As per the first argument, the Commission ought to have called three times the number of candidates for interview. All the petitioners are Ex-Servicemen. 72 posts were kept reserved for the Ex-Servicemen out of total posts advertised vide advertisement dated 24.06.2013. As per the ratio 1:3 and the criteria to be adopted for calling the candidates for interview, the RPSC should have declared 216 candidates qualified for the interview but the RPSC declared only 145 candidates as qualified for interview in RAS/RTS Posts by applying the ratio of 1:2. It was contended that the same is contrary to their own stand. As per the information provided under the Right to Information Act vide communication dated 19.03.2014 placed on record as Annexure 5, the candidates to be declared successful for the final selection have to be three times the vacancies available and required to be fulfilled.

  5. The second argument raised by the learned counsel for the petitioner is that the relevant Rules require 12.5% of the seats out of the total posts advertised to be reserved for Ex-Servicemen. Out of 664 posts, 81 posts should have been kept reserved for Ex-Servicemen but the RPSC has only reserved 72 posts.

  6. Thirdly, some of the candidates for instance namely Himmat Singh Rao, Inder Singh Chouhan have been allowed to participate in the interview under the Ex-Servicemen quota although they are not Ex-Servicemen under the Rules of 1998 inasmuch as they were not discharged before the last date of submitting their application forms and these people do not fulfill the definition of Ex-Servicemen under the Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules, 1988.

  7. Further, some of the Ex-Servicemen are not from the State of Rajasthan and, therefore, they should be disqualified.

  8. Reply has been filed by the respondent No. 2. As per the said reply, experience has shown that qualifying large number of candidates for personality and viva voce test becomes counterproductive inasmuch as respondent Commission is not able to devote adequate time to access the ability of a candidate in the personality and viva voce test. In the circumstances, the respondent Commission made inquiries with regard to practice adopted by UPSC in calling the candidates for interview in Civil Service Examination. The respondent Commission also sought information from various State Service Commissions with regard to number of candidates called for interview by it. The respondent Commission came to know that Union Public Service Commission in Civil Services Examination called candidates in the ratio of two times the number of vacancies so that adequate time can be given to each candidate for assessing his/her ability. Hence, in the meeting of Full Commission, a decision was taken that now henceforth, the respondent Commission too shall call candidates for personality and viva voce test in the ratio of two times the number of vacancies, so that a proper assessment at the personality and viva voce test can be made by the respondent...

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