RUCHIKA KANSARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioner to quash order dated 09.06.2011 whereby respondent No.4 was given appointment on the post of Lower Division Clerk despite the fact that the said respondent stands at S.No.31 and petitioner stands at S.No.24 in the merit-list. Further, the petitioner has prayed that the respondents may be directed to consider the case of the petitioner to provide appointment on the post of L.D.C. strictly in accordance with merit-list while following the provisions of the rules with regard to reservation and appointment provided to respondent No.4 may be re-considered and cancelled.

(2.) As per facts of the case, an advertisement was issued by the District Judge, Jalore on 16.01.2011 whereby applications were invited for recruitment to 13 posts of Lower Division Clerk, out of which, 6 posts were kept for General category, 5 posts were reserved for OBC category and 2 posts for SC category. In the advertisement, it was specifically mentioned that there will be 20% horizontal reservation for women candidates.

(3.) The petitioner moved an application for recruitment on the post of Lower Division Clerk in pursuance of the said advertisement No.1 dated 16.01.2011 and she was declared successful in the written examination and her name was included at S.No.24 (OBC woman candidates) in the general merit-list which is placed on record as Annex.-2. The case of the petitioner is that although she was declared successful and she stands in merit at S.No.24 was very much entitled to be considered for appointment under the 20% quota meant for women candidates in accordance with the advertisement; but, the District & Sessions Judge, Jalore provided appointment vide order dated 09.06.2011 to as many as 11 candidates including respondent No.4 Nigahat Jahan against the vacancy of woman candidate in the General category.