CW 6380/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.6380/2006 Mahavir Pd Chhipa & (4) Ors Versus State & Ors. Date of Order ::: 15/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Nawal Singh for Mr. PS Sirohi, for petitioners. Dr, Mahesh Gupta, Addl. Govt. Counsel for respondents-State Instant petition has been filed under apprehension that petitioners would not be considered for promotion for the post of Assistant Agriculture Officer which is included in the Schedule appended to the Rajasthan Agriculture Subordinate Service Rules, 1978 (“Rules, 1978”). Petitioners, acquired qualification of B.Sc. (Agriculture) and are substantively holding the posts of Gram Sevak-cum Panchayat Secretary in Panchayati Raj Department since 1997/1999 as detailed out in para 2 of the petition; and under the Rules, 1978, 5% quota is reserved for Gram Sevak for promotion to the post of Assistant Agriculture Officer. Grievance of petitioners is that despite they being eligible, their candidatures has not been considered by the respondents under the Scheme of Rules, 1978. In their reply, respondents have inter- CW 6380/06 //2// alia averred that a DPC for the years 1991-92 to 1996-97 for promotion to the post of Asstt. Agriculture Officer was held on 22/07/98 but on account of some discrepancy, review DPC was to be conducted for the years 1991-92 to 1996-97 but as a matter of fact, petitioners cannot be considered to be eligible atleast for vacancies determined of the years 1991-92 to 1996-97 as they are the persons being appointed since 1997/1999, respectively. Submission of petitioners' Counsel is of no substance for the reason that whenever promotions for the post of Asstt. Agr. Officer will be made against 5% reserved quota under Rules, 1978, certainly it has to be made in accordance with Scheme of Rules, 1978 and the State Government is always expected to consider all eligible candidates falling within zone of consideration under service Rules. What has been submitted by petitioners, may be their apprehension, but in absence of the order being passed by State Government making any promotion to the post of Assistant Agriculture Officer, if that in any manner deprives them of their right of fair consideration as contemplated under Scheme of Rules, 1978, they are always free to question it in accordance with law. This Court CW 6380/06 //3// does not find justification to interfere at this stage. Consequently, writ petition fails and is hereby dismissed. However, if any order is passed by the respondents at a later stage causing prejudice to the petitioners, they would always be at liberty to avail remedy under law. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.3/6380CW06-15Jn.doc