CW 7104/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.7104/08 Hanuman Sahai & Ors. Versus State & Ors. DATE OF ORDER : 18/08/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. S.C. Gupta, for petitioners Mr. J.K. Agrawal, Addl. Govt. Counsel, for State Mr. S.N. Kumawat, for RPSC *** Instant petition has been filed by petitioners who are members of Class IV employees assailing reservation of 12.5% provided to ministerial staff holding the post in the cadre substantively, which has been notified by the respondents in the advertisement Ann.1 dt.15/12/07 while making recruitment on the post of Hostel Superintendent. The post of Hostel Superintendent is included in the Schedule appended to Rajasthan Social Welfare Subordinate Service Rules, 1963 which is to be filled 100% by direct recruitment and under R.6A of the Rules 12½% of the posts is to be filled by direct recruitment of Hostel Superintendent has been kept reserved amongst the ministerial staff holding the post in the cadre substantively. CW 7104/08 [2] Respondent-Commission issued an advertisement dt.15th December, 2007 making recruitment on the post of Hostel Superintendent and in terms of R.6A of the Rules 12½% of the post has been kept reserved for ministerial staff. Counsel for petitioner submits that post of Hostel Superintendent and so also the lowest post in the ministerial cadre which is LDC are of the same qualification, as such they will not be interested in entering from ministerial service to subordinate service for the post of Hostel Superintendent and petitioners being members of Class IV employees having less avenues of promotion are entitled for reservation to the extent of 12½% under the Rules, 1963. Rule 6A of Rules, 1963 is reproduced as under: “6A.-(1) Notwithstanding anything contained in rule 6 regarding method of recruitment/source of recruitment, 12½% of the posts to be filled in by direct recruitment to the post of Hostel Superintendent 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. (2) The said reservation shall be carried forward only to the next succeeding year.” Suffice it to say that R.6A pursuant to which reservation to the extent of 12½% has been CW 7104/08 [3] provided to the cadre of ministerial staff is not being questioned in the instant petition and apart from it, the ministerial staff cannot be in any manner equated with the employees who are members of Class IV and it is always for the rule making authority to consider taking note of avenues of promotion to be provided to members of Class IV/ ministerial staff under the relevant Rules. Consequently, writ petition fails and is hereby dismissed. [AJAY RASTOGI], J. FRBOHRA7104CW2008 18-8.doc