TMI Blog2003 (4) TMI 568X X X X Extracts X X X X X X X X Extracts X X X X ..... sputed is as follows: On 1.6.2001 an advertisement to recruit 116 Munsif Magistrates was issued by the Commission; out of which 59, 24, 19 and 14 were earmarked for the General, OBC, SC and ST categories respectively. In terms of the scheme of the examination, only those candidates who obtained a minimum of 35 marks in each law paper and 40% in aggregate were eligible to be called for interview. For the posts in question, stipulation was that candidates numbering three times the number of posts adverised in each category were eligible to be called for interview. Commission issued interview letters to 302 candidates in respect of 116 vacancies. The shortfall was on account of non-availability of candidates in SC and ST categories. Though ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the general category to be 70 (i.e. 59 as originally fixed and 11 on account of non-availability of candidates in SC ST categories). The Division Bench accepted the stand, though the Commission pointed out that there is no provision in the Rajasthan Judicial Service Rules, 1955 (in short 'the Rules') unlike Rajasthan Higher Judicial Service Rules, 1969 (in short the 'Higher Judicial Rules') which provides for a decision to be taken to fill up the posts from the general category or to de-reserve or carry forward in case of non-availability of candidates from the reserved categories. The directions given by the Division Bench in the impugned judgment are to the following effect: In view of the aforesaid, we allow all t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry and to carry forward the vacancies of Scheduled Tribes. It is not clear as to what useful purpose would be served by adopting dual procedure. It was pointed out by order dated 27.12.2001, this Court has permitted the Commission to complete the interview as scheduled and prepare and finalise the select list of 59 posts for the general category, 24 posts for OBC, 19 posts for Scheduled Castes and 3 posts for Scheduled Tribes, subject however, to the candidates that no select list shall be prepared and published for the remaining 11 posts of Scheduled Tribes which may be transferred to the general category, if the Government takes a decision to fill up these posts from amongst the general category. It is pointed out that pursuant to the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the impugned judgment is maintained, we see no merit in the application for intervention. The same is rejected. 10. As rightly submitted by learned counsel for the appellants, the directions given by the High Court are contradictory in terms. Once it has been accepted by the High Court that it was open to the Government to decide as to whether the posts are to be de-reserved or carry forwarded, there was no basis to proceed on the assumption that they would be de- reserved, thereby making the number of posts available for the general category as 70. At the completion of the written examinations, there were only 59 posts available for the general category. On a hypothetical basis that there is a possibility to increase the number of pos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n and others 1998 (5) SCC 637 ) in the following words: We are of the view that the Division Bench of the High Court which has delivered the impugned judgment being a co-ordinate Bench could not have taken a view different from that taken by the earlier Bench of the High Court in the case of Durgadas Purkayastha vs. Hon'ble Gauhati High Court (1988 (1) Gau LR 6). If the latter Bench wanted to take a view different than that taken by the earlier Bench, the proper course for them would have been to refer the matter to a larger Bench. We have perused the reasons given by the learned Judges for not referring the matter to a larger Bench. We are not satisfied that the said reasons justified their deciding the matter and not referring it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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