- (1.) This special appeal is directed against the order dated 12.07.2010 passed by the learned Single Judge. The dispute raised herein is in relation to the procedure of appointment as a Cook for preparing mid-day meals to be provided to children of Basic Schools under the Scheme promulgated by the Central Government and executed by the State Government.
(2.) The challenge of the appellants was two fold. It was firstly contended that the policy, which provided for reservation of more than 50 percent, is violative of Article 14 of the Constitution of India and also the reservation policy, and consequently has to be struck down.
(3.) Nothing has been shown to us from the policy, which provides for reservation of more than 50 percent. All that is pointed out to us is the roster, which is maintained. The roster, by itself, cannot be said to be amounting to provide a specific reservation of a particular category. In the instant case, if there be any appointment in excess of the quota of reservation as laid down by the Supreme Court and is applicable to the State, it will be open to the appellants to challenge the appointment of such person, who is appointed in excess of the quota.;