[2025:RJ-JP:37219] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 339/2025 1. Vimal Gupta S/o Shri Devendra Kumar, Aged About 27 Years, R/o Plot No. 07, Ganesh Vihar Ist, Naradpura, Jaipur. 2. Deependra Singhal S/o Shri Rajendra Kumar Singhal, Aged About 33 Years, R/o 35, Luv Kush Nagar, Manyawas, Mansarovar, Jaipur. 3. Om Pratap Singh S/o Shri Jyotesh Singh Shekhawat, Aged About 33 Years, R/o Plot No. 22 Shiv Kunj, Gorau House, Near Sati Mata Mandir, Air Force Road, Jodhpur, Rajasthan. 4. Sanjay Kumar Kuldeep S/o Shri Ramesh Chandra Kuldeep, Aged About 30 Years, R/o Plot No. 109, Shiv Nagar I, Murlipura Scheme, Jaipur, Rajasthan. ----Petitioners Versus 1. The Rajasthan Staff Selection Board, Through Its Secretary, State Institute Of Agriculture Management Premises, Durgapura, Rajasthan, Jaipur. 2. Director, Treasury And Accounts, Government Of Rajasthan, Vitta Bhawan, Jan Path, Jaipur (Rajasthan). 3. State Of Rajasthan Through The Secretary, Department Of Personnel, Government Secretariat, Jaipur. ----Respondents For Petitioner(s) : Mr. Deepak Chauhan, Adv. For Respondent(s) : Mr. Mahi Yadav, AAG with Mr. Aditya Godara, Adv. Mr. Sandeep Maheshwari, Adv. with Ms. Bhawna Ladha, Adv. HON'BLE MR. JUSTICE ANAND SHARMA Judgment 11/09/2025 [2025:RJ-JP:37219] (2 of 5) [CW-339/2025] 1. The petitioners, who are working in Subordinate Courts, have filed the instant writ petition for seeking direction against the respondents to consider the candidature of the petitioners in the category of "Ministerial Employees" (ME) and accordingly, to appoint them on the post of Junior Accountant and Tehsil Revenue Accountant pursuant to the advertisement dated 20.06.2023. 2. It is stated that the respondent-Rajasthan Staff Selection Board, Jaipur (for short 'RSSB'), issued an advertisement dated 21.09.2022, inviting applications from all eligible persons for recruitment on the post of Junior Accountant and Tehsil Revenue Accountant. As per the aforesaid advertisement, 12.5% of vacancies advertised were reserved for Ministerial Employees. The petitioners are working on the post of Ministerial Staff in Subordinate Courts of State of Rajasthan, yet they have not been considered as Ministerial Employees for the purpose of grant of reservation @ 12.5% and, thereby, they had been denied consideration of their candidature in the aforesaid category. The petitioners further stated that they have secured more marks than the cut-off marks declared for the category of Ministerial Employees, hence in case their candidature is considered against the aforesaid category then, they will be having every chance to be appointed on the post of Junior Accountant and Tehsil Revenue Accountant. 3. Reply to the petition was filed on behalf of the respondents. 4. The respondent No.1-RSSB has stated that determining eligibility of particular persons in a reserved category is the sole function of the State Government, therefore, there is no role of [2025:RJ-JP:37219] (3 of 5) [CW-339/2025] respondent No.1 in denying the consideration to the petitioners in the category of Ministerial Employees. 5. Learned Additional Advocate General appearing for the respondent State submitted that the recruitment process is being conducted as per the Rajasthan Subordinate Accounts Service Rules, 1963. Rule 6 (iii) of the Rules provides for reservation to ME category. The aforesaid rule refers to grant of benefit of reservation @ 12.5% to the Ministerial Staff of all the departments of the Government holding the post in cadre substantively. The petitioners are admittedly working in Subordinate Courts of the State of Rajasthan, which do not fall within the ambit of Ministerial Staff of the departments of Government. Hence under the circumstances, the petitioners have no right to claim reservation in the category of Ministerial Staff. 6. Heard and considered. 7. Rule 6 (iii) of the Rules of 1963 lays down as under :- ".......6(iii) Provided also further that 12.5% of the posts of Junior Accountants to be filled in by direct recruitment shall be reserved for being filled in from amongst the ministerial staff of all the departments of the Government holding a post in Cadre substantively, subject to their being found otherwise eligible for such recruitment under the Rules. This reservation shall be carried forward only to the next succeeding year.” 8. Core question which is involved in the instant writ petition is as to whether Ministerial Staff working in Subordinate Court would fall in the category of Ministerial Staff of Government department or not. [2025:RJ-JP:37219] (4 of 5) [CW-339/2025] 9. This question has already been examined by Co- ordinate Bench of this Court in a batch of writ petition led by Dipendra Sanwal & Ors. Vs. State of Rajastan & Ors. (S.B. Civil Writ Petition No.8695/2017) and other connected matters decided on 22.02.2018, wherein the very same Rule 6 (iii) was meticulously considered by the Court and after examining the same objection raised on behalf of the State, this Court has observed that Ministerial Staff working in Subordinate Court can be considered as Ministerial Employees for the purposes of Rules 6 (iii) of the Rules of 1963. 10. Similar view has been taken by the Co-ordinate Bench of this Court in order dated 01.11.2017 passed in another batch of petition led by S.B. Civil Writ Petition No.11308/2017 (Girraj Kishor Ranga & Ors. Vs. State of Rajastan & Ors.). 11. In the light of the above, the writ petition filed by the petitioners is hereby allowed and petitioners are held entitled for consideration of their cases for appointment on the post of Junior Accountant in the category of Ministerial Employees for the purpose of grant of 12.5% reservation for the aforesaid category. Accordingly the respondents are directed to consider the petitioners for appointment in the category of Ministerial Employees and in case they have secured more marks than the cut-off marks and are otherwise eligible, then appointments shall be given to the petitioners with all consequential benefits. It is made clear that the benefit of notional seniority and pay fixation shall be given to the petitioners from the date on which the persons less meritorious to the petitioners have been given [2025:RJ-JP:37219] (5 of 5) [CW-339/2025] appointment. However, benefit of payment of actual salary shall be given to them only after joining pursuant to appointment order. 12. Necessary compliance be made within a period of two months from the receipt of certified copy of this order. (ANAND SHARMA),J Jatin /322