1 S.B. CIVIL WRIT PETITION NO.2960/2001. (BHUPENDRA SINGH VS. STATE & ORS.) DATE OF ORDER : 02.04.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. H.S. Sidhu for the petitioner. Mr. O.P. Boob } Mr. Dron Kaushik } for the respondents. Mr. Hemant Dutt } By a notification dated 04.09.1997, the respondents invited applications from the eligible aspirants to be considered for admission to Parwar Training Course as per Rule 273 of the Rajasthan Land Revenue (Land Records) Rules, 1957. By the notification aforesaid, 9 vacancies were assigned to the district of Sri Ganganagar and out of that, 80% vacancies were kept reserved for the aspirants belonging to district Sri Ganganagar and remaining 20% were required to be filled in from general categories. The petitioner, though a bona fide residents of district Sri Ganganagar, submitted an application to be considered against the 20% vacancies relating to the general category. However, he was not called for to undergo training, despite qualifying written test being a bona fide residents of district Sri Ganganagar, hence, a petition for writ was preferred by him before this Court bearing SBCWP No.2164/1998, wherein 2 an interim order was passed by this Court on 04.07.1998 in following terms: “Meanwhile the candidature of the petitioner may not be rejected on the basis that he has applied in the general category and not for the post under the reserved category, meaning thereby that his position in the merit of the general category quota will not be disturbed only on the aforesaid basis.” In pursuant to the interim order referred above, the petitioner was allowed to undergo training and that was successfully completed by him on 29.07.1999, but the appointment as Patwari was not accorded to him because of the pendency of the writ petition No.2164/1998, thus, he applied for seeking permission to withdraw the petition referred above with liberty to file fresh, if so required. The permission sought for was granted on 29.07.2000 in following terms: “This petition was placed for final disposal today at S.No.66. However, in the morning, a request was made by learned counsel Mr. Saluja for the petitioner to permit him to withdraw this petition with a liberty to file fresh petition in case the relief is not granted to the petitioner. Written application is also filed to that effect. Copy of this 3 application has already been served upon learned counsel Mr. Singhvi for respondents. In view of the above permission granted to withdraw this petition and accordingly, this petition is disposed of as withdrawn with a liberty to file fresh petition, if there is a fresh cause of action.” After withdrawal of the writ petition, as per the petitioner, the respondents initiated proceedings to offer appointment to him as Patwari, however, subsequently no action was taken, hence this petition for writ is submitted to direct the respondents to employ him as Patwari. The fact that the petitioner ranked Ist in the general category is accepted by the respondents, but the writ petition is contested with the stand that as per proviso to Rule 273 of the Rules of 1957, the candidature of the petitioner cannot be considered in general category being a bona fide residents of district Sri Ganganagar. The proviso to Rule 273 of the Rules of 1957 reads as follows: “Provided further that out of the total number of vacancies for direct recruitment in a district, 80% of the vacancies shall be filled from candidates who are residents of the district as indicated in the certificate of 4 secondary school examination and 20% vacancies shall be filled from general candidates. A candidate shall be required to indicate clearly the district and vacancies for which he intends to apply. If a candidate intends to apply against 20% vacancies he shall indicate the same in his application. After examination, if the said 80% vacancies reserved for residents of the district are not filled, the same may be filled from amongst the successful candidates who have passed the examination against 20% vacancies. For the purpose of filling the 20% vacancies from general candidates, selection shall be made on the basis of merit of the successful candidates who have given option against 20% vacancies.” As per provisos to Rule 273, 80% of the vacancies are required to be filled in from the candidates who are residents of the district as indicated in the certificate of the secondary school examination and 20% vacancies shall be filled from general candidates. Precisely, the question requires determination is whether a person can be considered under general category vacancies relating to the district to which he belongs? 5 The reservation prescribed by proviso to Rule 273 for the natives of a district is with an object that the persons having knowledge about land relations and other conditions of peasants of the area may be employed at the lowest rung in the administration hierarchy of the Revenue Department. This is prescribed for better management and administration of the Land Revenue. The remaining 20% vacancies may be filled in by the persons irrespective of their place of residents or belonging. For general category, the proviso to Rule 273 of the Rules of 1957 no where restricts that, against these vacancies, the candidature of the persons who are residents of the districts relating to which selection is made cannot be considered. The General Category Seats, are available to be filled in by open competition on basis of merit of the successful candidates irrespective of the place of their belonging. The candidature of the petitioner, therefore, should have been considered for appointment as Patwari against the general category vacancy at its own merits. The denial for that is illegal on its face, therefore, the writ petition deserves acceptance. 6 The petition for writ is accordingly allowed. The respondents are directed to consider candidature of the petitioner for appointment as Patwari under general category relating to district Sri Ganganagar and appointment be accorded to him, if he is otherwise eligible, from the date, same was given to the persons less meritorious to him. The petitioner shall be entitled for all notional benefits relating to seniority and fixation of pay. No order to cost. (GOVIND MATHUR)J. Anil/