MOHAMMAD RAFIQ,J. - (1.) This writ petition has been filed by the petitioner with the prayer that the respondent No.3 be directed to consider the candidature of the petitioner on the post of Patwari as per his merit and other consequential - benefits be also granted to the petitioner.
(2.) Learned counsel for the petitioner submitted that the petitioner applied for appointment on the post of Patwari pursuant to the advertisement issued by the respondents on 7.3.2011 in District Sawai Madhopur. Originally, total 51 posts of Patwari were advertised for District Sawai Madhopur. Thereafter, a corrigendum was issued by the Board of Revenue on 3.6.2011 by which the number of posts in District Sawai Madhopur were enhanced from 51 to 97. Out of those, one post was reserved for the SBC category and 20 posts were kept reserved for the OBC category candidates.
(3.) Learned counsel submitted that the State Government has issued an order dated 6th May, 2010 in partial modification of the earlier order dated 8th February, 2010 whereby, 1% reservation in recruitment and admissions shall be provided to the Special Backward Classes in addition shall be provided vide order dated 8th February, 2010. This reservation shall be given to the Special Backward Classes in addition to reservation available to them in Backward Classes. Only those SBC candidates, who do not come in merit among Backward Classes, shall get the benefit of this reservation. It is submitted that a candidate of SBC belonging to Gurjar community was selected at merit No.31 and another candidate at Merit No. 51. Both of whom were considered in General and OBC category. The petitioner stands at Merit No. 129, therefore, virtually he was at No.1 in the SBC category. Even then, he was not given appointment on the post of Patwari. The respondents had provided horizontal reservation of 12.5% to Ex - Servicemen. Out of 96 posts, 12 posts were reserved for the Ex - Servicemen and only 6 posts in the aforesaid category have been filled up out of 12 vacancies vide order dated 7th May, 2012 passed by the District Collector, Sawai Madhopur. In the case of Dharam Singh Gurjar, whose Roll Number is 38111668 and Merit in SBC category is 9634, it is further submitted that petitioner stands higher than him to in merit of SBC. However, Dharam Singh Gurjar has been shown to be selected in SBC category, whereas according to the aforementioned instruction of the government, his selection should be counted against OBC quota particularly when out of 20 posts of OBC Category, only 6 candidates have been selected in quota of Ex - Servicemen and apart from, only one more 5 candidate of Ex - Servicemen in OBC category stands at Merit No. 14549 has been selected, who is lower than in merit of Dharam Singh Gurjar. The learned counsel for the petitioner has referred to the Circular/order dated 6th May, 2010 and contended that if any candidate of SBC category is selected, his selection should be counted firstly in OBC category, who does not come o in merit of OBC category then his/her candidature shall be considered in SBC category for the purpose of computation of quota.;