1 S.B.CIVIL WRIT PETITION NO.4437/2007 Dharma Ram & Anr. v. State of Rajasthan & Ors. Date of Order :: 12 th May, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Sanjeet Purohit, for the petitioners. Mr. N.M.Lodha, Additional Advocate General. Mr. R.S.Saluja, for the respondents. .... By a circular dated 11.5.2007 the Government of Rajasthan circulated its decision to employ the persons belonging to scavenger communities on contract basis against all the vacancies in the pay scale No.9A and on the posts of Junior Engineers, Assistant Engineers in the pay scales No.10 and 13 of the applicable pay Rules. A decision was also taken to employ the persons belonging to the scavenger communities in pay scale No.13 on the post of Medical Officer. The petitioners by this petition for writ are giving challenge to the decision aforesaid on the count that the reservation relating to the existing vacancies cannot be made in a tune of 100% for one community. It is asserted that the petitioners are also members of Scheduled Caste and, therefore, by extending reservation only for the members of the 2 scavenger communities, an unreasonable classification is made among similarly situated persons. Per contra, the stand of the respondents is that looking to a feeble representation in services a special scheme is framed for providing employment to the persons belonging to the scavenger communities. It is also stated that the scavengers are coming from lowest rung of the social hierarchy and in confirmity with the spirit of Article 16(4) of the Constitution of India the Government of Rajasthan prescribed reservation for them. On behalf of the respondents it is also urged that the appointments, those are subject matter of the impugned circular, are not regular appointments but on contract basis, therefore, the Government had absolute right to take any reasonable and appropriate decision for promoting social and educational conditions of the scavenger communities. Heard counsel for the parties. The circular impugned relates to special scheme framed for promoting social and educational status of the persons coming from scavenger communities by providing them adequate representation in service. It is pertinent to note that the services under the circular impugned may be of regular nature but the appointments to those services are purely on contract basis. The condition of scavenger community 3 is miserable. They are untouchable to other untouchables too. The scavengers are involved with most tedious profession, that is of sanitation, including removal of human and also the animal extracts. Their children are still facing untouchability and extreme poverty. The ills of alcoholism, gambling, illiteracy etc. are well known with this community. The Article 16(4) of the Constitution of India enables the government to provide reservation for any backward class of citizens and it no where prohibits in determining the most deprived among the deprived people. With view to uplift a deprived community, the Government of Rajasthan is well within its jurisdiction to frame a policy and, therefore, the special scheme framed by the Government of Rajasthan is not perse illegal, however, it is settled that reservation should not exceed to 50% of total strength of the service, thus, keeping of 100% reservation while providing public employment is undesirable. The petitioners are also coming from Scheduled Caste, therefore, while making appointments to the posts prescribed under the circular impugned suitable representation should have been also given to them. This petition for writ, therefore, is disposed of with a direction to the respondents to reconsider the policy to provide appointment to scavengers by keeping in mind that the reservation be 4 not exceeded 50%. The process of reconsideration shall be completed by the Government of Rajasthan by 15th August, 2008. The interim order granted by this Court on 26.7.2007 shall remain in currency till then. No order to costs. ( GOVIND MATHUR ),J. kkm/ps.