Sudhir Agarwal, J. - (1.) Heard Sri Radha Kant Ojha, learned Counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) The petitioner has filed this writ petition under Article 226 of the Constitution of India challenging the advertisement N o. 177/47/Recruitment/Peon/Date/Meerut dated 20.2.2002 issued by Deputy Excise Commissioner, Meerut Region, Meerut notifying 12 vacancies of Chaprasi/Chowkidar on the ground that in the aforesaid advertisement 20% reservation admissible for women pursuant to the Government Order No. 18/1/99/Ka-2/99 dated 26.2.1999 (hereinafter referred to as "G.O. Dated 26.2.1999") has not been applied and therefore the aforesaid recruitment is illegal. The petitioner has further sought a writ of mandamus commanding the respondents to make recruitment and appointment on the aforesaid post of Chapsari/Chowkidar by providing reservation for women as admissible in law.
(3.) The facts not much in dispute between the parties are that the State Government has issued a G.O. dated 26.2.1999 providing 20% reservation for women in public services and post against the vacancies liable to be filled in by direct recruitment. The said reservation is not applicable to the posts which are to be filled in by promotion. The G.O. further provides that the reservation for women shall be horizontal in nature and if any women candidate is selected on merit she will also be counted against the reserved vacancy meant for women. Further the vacancies for women reserved under the G.O. dated 26.2.1999 shall not be carried forward and in case of non-availability of suitable female candidate, the vacancy may be filled in by male candidate. However, for recruitment the eligibility and other qualification shall be same as provided under the Rules and there shall be no alteration. The respondent No. 3 published an advertisement on 28.2.2002 for recruitment on 12 vacancies of class-IV on the post of Chapsari/Chowkidar out of which six are for general candidates, three reserved for other backward caste and three for scheduled caste. The eligibility condition provided that the candidate must be between the age of 18 to 35 years as on 1.7.2002, and for the candidates belonging to other backward caste and scheduled caste the maximum age is relax able by five years. The education qualification is 5th class pass having knowledge of cycling and certain relaxation in respect to ex-serviceman, dependents of freedom fighters etc. as provided under the rules are also admissible. The petitioner claims to have applied pursuant to the aforesaid advertisement but has not been selected since there was no reservation provided for women candidates in the said advertisement, hence this writ petition.;