Ajay Rastogi, J. - (1.) In the instant petition question has been raised as to whether the candidate belonging to reserved category including SC/ST even if availed relaxation of age is still entitled to claim his final selection against vacancy reserved for respective category.
(2.) Counsel for petitioner submits that controversy raised in the instant petition has been finally decided by this Court in CWP-8023/2009 (Mangla Ram Bishnoi and Ors. v. State of Rajasthan and Ors. and 12 other cognate cases vide order dt. 30/06/2010. This fact has not been controverted by respondent's counsel as well. This Court in the judgment (supra) held as under:- "39. In view of the discussion above, this Court is firmly of the opinion that the candidates belonging to the reserved category who have availed the benefit of relaxation of age meant for reserved category candidates but in all other respect, have competed with the general category candidates and stand higher in the merit than the last candidate selected in general category cannot be deprived of selection and appointment on the post against unreserved seats meant for general/open category and therefore, after reshuffling of the merits by shifting such reserved category candidates who are entitled to be appointed against the unreserved posts, if the petitioners stand in merit in OBC category then, they cannot be deprived of the appointment. 40. In the result, the writ petitions succeed, the same are hereby allowed. The action of the respondents in denying 36 candidates belonging to OBC category, the selection and appointment on the posts against unreserved seats in general/open category on the ground that they have availed the benefit of relaxation of age meant for OBC category is declared illegal and unconstitutional The respondents are directed to consider the candidature of the petitioners afresh and if after reshuffling the merits by inclusion of names of those 36 candidates selected in OBC category in the list of open/general category, the petitioners are found entitled to be appointed as per their merit in the OBC category then, they shall be provided appointment on the posts of Sub Inspector Police (AP); Platoon Commander (Sub Inspector RAC) or Sub Inspector Police (MBC), as the case may be with effect from the date the last candidate in the OBC category or in absence thereof in general category was appointed. The petitioners shall be entitled to notional benefits for intervening period including the benefits of seniority, increment etc. The entire exercise for providing appointments to the petitioners, if they are found entitled to be appointed shall be completed expeditiously in any case, within a period of three months from the date of this order. No order as to costs".
(3.) In the light of judgment (supra), writ petition stands allowed and the petitioner's candidature may also be considered against reserved quota of Scheduled Caste category and the relief granted to writ petitioners in the judgment (supra) will be applicable mutatis mutandis in case of the petitioners as well. No order as to costs. Petition Allowed.;