Dismissed

Divya Daga D/O Sh. Sohan Lal Daga v. State of Rajasthan through Principal Secretary

Rajasthan HC23 Aug 2022CW/19787/2018

Case brief

AI extract

What is this about?

High Court dismissed five connected writ petitions filed by job applicants seeking appointment under the 12.5% reservation quota reserved for departmental ministerial staff in the Planning Department (Economics and Statistics). The Court held that reservation was restricted to staff of the concerned department. The writ was dismissed as the petitioners did not belong to the relevant department.

What did the court decide?

The writ petitions were dismissed. The prayer for appointment under the departmental ministerial quota was rejected.

Divya Daga D/O Sh. Sohan Lal Daga Vs State… — Pension and Retirement Benefits | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 16153/2018

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Ankur Tiwadi S/o Sh. Purshotam Sharma, Aged About 22 Years, R/o Village Mundota Post, Tehsil Amer, Dist Jaipur, Rajasthan

¶4

Vipul Garg S/o Sh. Rajendra Prasad Garg, Aged About 21 Years, R/o 5/232, Sector-5, Malviya Nagar, Jaipur302017, Rajasthan

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----Petitioners Versus

¶6

State Of Rajasthan Through Principal Secretary, Department Of Finance, Government Secretariat, Jaipur

¶7

Rajasthan Subordinate And Ministerial Services Selection Board, Through The Secretary, State Institute Of Agricultural Management Premises, Durgapura, Jaipur302018

¶8

Directorate Of Economics And Statistics, Through Director, Yojna Bhawan, C Scheme, Jaipur, Rajasthan - Pin 302005

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 16197/2018

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Gajendra Singh Rathore S/o Sh. Nand Singh Rathore, Aged About 32 Years, R/o Plot No. 5B, Shri Ram Nagar, Near Niteshwar Mahadev Mandir, Jhotwara, Jaipur-302012, Rajasthan

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----Petitioner

¶14

Versus

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State Of Rajasthan Through Principal Secretary, Department Of Finance, Government Secretariat, Jaipur

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Rajasthan Subordinate And Ministrial Services Selection Board, Through The Secretary, State Institute Of Agricultural Management Premises, Durgapura, Jaipur302018

¶17

Directorate Of Economics And Statistics Through Director, Yojna Bhawan, C-Scheme, Jaipur, Rajasthan Pin 302005

¶18

----Respondents

¶19

S.B. Civil Writ Petition No. 18126/2018

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(2 of 6)

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[CW-16153/2018]

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Ratan Singh S/o Sh. Gopal Singh, Aged About 25 Years, R/o Ward No.1, Aathuna Mohalla, Taranagar, Dist- Churu, Rajasthan

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----Petitioner

¶24

Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Finance, Government Secretariat, Jaipur

¶26

Rajasthan Subordinate And Ministrial Services Selection Board, Through The Secretary, State Institute Of Agriculture Management Premises, Durgapura, Jaipur

¶27

Directorate Of Economics And Statistics, Through Director, Yojna Bhawan, C-Scheme, Jaipur, Rajasthan

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----Respondents

¶29

S.B. Civil Writ Petition No. 18132/2018

¶30

Satpal Singh S/o Sh. Gopal Singh, Aged About 25 Years, R/o Ward No.1, Aathuna Mohalla, Taranagar, Dist- Churu, Rajasthan

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----Petitioner

¶32

Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Finance, Government Secretariat, Jaipur

¶34

Rajasthan Subordinate And Ministrial Services Selection Board, Through The Secretary, State Institute Of Agriculture Management Premises, Durgapura, Jaipur

¶35

Directorate Of Economics And Statistics, Through Director, Yojna Bhawan, C-Scheme, Jaipur, Rajasthan

¶36

----Respondents

¶37

S.B. Civil Writ Petition No. 19787/2018

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Divya Daga D/o Sh. Sohan Lal Daga, Aged About 22 Years, R/o Daga Niwas, Sutharo Ki Badi Guwar, Bikaner-334001, Rajasthan.

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----Petitioner

¶40

Versus

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State Of Rajasthan Through Principal Secretary, Department Of Finance, Government Secretariat, Jaipur.

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Rajasthan Subordinate And Ministrial Services Selection Board, Through The Secretary, State Institute Of Agricultural Management Premises, Durgapura, Jaipur302018

¶43

Directorate Of Economics And Statistics Through Director, Yojna Bhawan, C-Scheme, Jaipur, Rajasthan-Pin 302005

(3 of 6)

[CW-16153/2018]

----Respondents

For Petitioner(s)	: Mr. Suveer Gaur on behalf of Mr. Ajatshatru Mina.
For Respondent(s)	: Mr. Kartikeya Sharma on behalf of Mr.
	Sandeep Taneja.
	Mr. Surendar Meel.

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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23/08/2022

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These writ petitions since involve common question, hence with consent of the parties, have been heard together and are being decided by the present common order.

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As prayed, the facts have been taken into consideration from

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S.B. Civil Writ Petition No.16153/20108 and the prayer made

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therein reads as under:-

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“In the facts and circumstances aforesaid, the Petitioners most respectfully pray that this Hon’ble Court may be pleased:

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To call for the entire record from the respondents pertaining to the appointment and declare the condition of denying the 12.5% reservation to the petitioners under the category of the Ministerial Employee on the ground of not being an employee of Directorate of Economics and Statistical, as illegal and contrary to rules;

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to direct the respondents to consider the petitioners eligible for the reservation of 12.5% seats as per Rule 6(A)(1) of Rajasthan Statical Subordinate Service rules, 1971 on the post of computer as per advertisement dated 20.02.2018(Annexure NoP/2)

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To direct the respondents to appoint the petitioners under the category of the Ministerial Employee on the post of computer as per the merit list dated 22.06.2018 (Annexure No. P/5)

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To grant any other order against the Respondents that this Hon’ble court deems just, reasonable and proper.”

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(4 of 6)

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[CW-16153/2018]

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Brief facts of the case are that in pursuance to the advertisement dated 20.02.2018 issued by the respondents, the petitioners applied for the post of Computer and the said advertisement was issued for filling up the post in the Planing Department (Economics and Statistical). Although the petitioners are applied for the said post who are working in other than the Planing Department (Economics and Statistic) Department and they applied for the said post under the Departmental category candidates. In view of the Clause-4 (note 4) of the advertisement the petitioners are claiming that their case is covered under the Clause-4 (Note-4) of the advertisement which provides of 12.5% reservation of the Ministerial Department Candidates.

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Counsel for the petitioners submitted that the respondents have not considered their candidature against 12.5% quota which is reserved for Ministerial Staff Candidates, therefore, prayed that the respondents be directed to consider the candidature of the petitioners.

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Counsel for the respondents have opposed the writ petitions and filed reply to the writ petition, more particularly para No.5 of the reply which reads as under:-

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“5. That in this regard, it is submitted that the recruitment process has been carried out in consonance with the Rajasthan Statistical Subordinate Service Rules 1971 (as amended) and the Rajasthan Scheduled Areas Subordinate, Ministerial and Class IV Service (Recruitment and other Service Conditions) Rules, 2014. That vide Note 4 of the Clause 4 of the advertisement, it was clarified that the reservation under the category of departmental ministerial employees shall be given as per the Rules 6A(1) of the Rajasthan Statistical Subordinate Service Rules,1971. The relevant provision is reproduced as under:

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(5 of 6)

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[CW-16153/2018]

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6-A(1) notwithstanding anything contained in rule 6, regarding method of recruitment/source of recruitment. 12 ½% of the posts to be filled in by direct recruitment to the post of Computer shall be reserved for being filled in from amongst the Ministerial Staff holding a post in the cadre substantively, of the department concerned, subject to their being found otherwise eligible for such recruitment under the relevant rules. It is submitted that the said provisions makes it clear that the said quota was to be filled in from amongst the Ministerial Staff holding a post in the cadre substantively, of the department concerned. The department concerned in the present matter is the Planning Department (Economics and Statistics), government of Rajasthan, However, admittedly, the petitioners are employees of the office of District and Session judge, Jaipur, which is not the department concerned. Thus for the reason of not being employed with the department concerned, the petitioners were not considered eligible for the desired quota.”

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Counsel for the respondents further submitted that according to the Rule of 6A(1) of the Rajasthan Statistical Subordinate Service Rules, 1971 (hereinafter to be referred as ‘Rules of 1971’) 12.5% posts to be filled in the direct recruitment for the post of Computer shall be reserved for being filled in from amongst the Ministerial Staff holding a post in the cadre substantively of the department concerned. These 12.5% posts are reserved for the Ministerial Staff of the concerned department i.e. Planing Department (Economics and Statistics) as the advertisement in question has been issued for filling up the posts of Computer in the Planing Department only.

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Heard counsel for the parties and perused the record.

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These writ petitions filed by the petitioners deserves to be dismissed for the reasons; firstly, a bare reading of the

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(6 of 6)

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[CW-16153/2018]

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advertisement clearly shows that post of the Computer was advertised for filling up of the Planing Department (Economics and Statistics); secondly, in view of the Rule 6A(1) of the Rules of 1971, 12.5% posts are reserved for Ministerial Staff holding the post in cadre substantively and the concerned department which is department of Planing and lastly, in view of the above discussion since, the advertisement in question for issued of Planing Department only and Rule 6A(1) provides for 12.5% reservation to the persons working in the Ministerial Staff of the concerned Department i.e. Planing Department, therefore, in my considered view, no case is made out for interference by this court under Article 226 of the Constitution of India.

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In that view of the matter, these writ petition stand dismissed.

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(INDERJEET SINGH),J

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MG/240-244

Divya Daga D/O Sh. Sohan Lal Daga v. State of Rajasthan through Principal Secretary

Case brief

What is this about?

What did the court decide?

Divya Daga D/O Sh. Sohan Lal Daga v. State of Rajasthan through Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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