Rajasthan High Court Intervenes in Ex-Servicemen Reservation Dispute
The Rajasthan High Court has taken serious note of alleged irregularities in the implementation of reservation policies for ex-servicemen during a recent state recruitment process. In a significant development, the court has explicitly ordered that all appointments made through this recruitment drive will remain subject to the final outcome of the ongoing legal proceedings.
Court Issues Notices to RPSC and State Departments
Hearing an appeal filed by Jitendra Singh Shekhawat from Jhunjhunu district, a division bench comprising Acting Chief Justice Sanjeev Prakash Sharma and Justice Shubha Mehta issued formal notices on Monday to key authorities. The notices were directed to the Rajasthan Public Service Commission (RPSC) chairman and secretary, along with secretaries of the technical education and skill, planning, and entrepreneurship departments.
The court has granted a four-week period for these respondents to file their detailed replies in this matter. This case specifically pertains to the recruitment process for 63 posts of Group Instructor, Surveyor, and Assistant Apprenticeship Advisor (Grade-II) positions.
Alleged Violation of Reservation Rules
According to the established Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules, 1988, a mandatory 12.5% horizontal reservation is prescribed for ex-servicemen in state recruitments. For these 63 posts, this reservation should translate to approximately eight positions being reserved for qualified ex-servicemen candidates.
However, the appellant has raised serious concerns, alleging that only five posts were actually earmarked for ex-servicemen in this recruitment cycle. Furthermore, the petitioner contended that no reservation was provided for ex-servicemen under the Economically Weaker Section (EWS) category, which effectively excluded numerous eligible candidates from consideration.
Legal Arguments and Previous Proceedings
Counsel for the appellant, Ravindra Singh Saini, presented arguments highlighting that this discrepancy was formally flagged before the examination held on October 22, 2024, but the concerns were not adequately addressed by the authorities. Saini explained that a single bench of the Rajasthan High Court had previously dismissed the petition, citing the petitioner's participation in the selection process as grounds for dismissal.
"This appeal was filed specifically against that single bench order," Saini clarified during the proceedings. The division bench, after carefully considering these submissions, has now directed that any appointments resulting from this recruitment will be provisional and subject to the court's final judgment.
Broader Implications and Next Steps
The court's intervention raises important questions about the proper implementation of reservation policies for ex-servicemen across state government recruitments. This case highlights potential systemic issues in how reservation quotas are calculated and applied in practical recruitment scenarios.
The matter has been scheduled for further hearing after the four-week response period. During this time, the RPSC and concerned state departments must provide comprehensive explanations regarding their reservation implementation methodology and address the specific allegations raised in the petition.
This legal development underscores the judiciary's role in ensuring transparent and equitable recruitment processes that faithfully implement established reservation policies for ex-servicemen, who have served the nation with distinction.
