Veerender Singh Siradhana, J. - (1.) LIST of successful candidates drawn and result declared on 25th April, 2012, applying reservation policy contrary to the law declared by the Hon'ble Apex Court of the land in the case of Jitendra Kumar Singh and Another Vs. State of Uttar Pradesh and Others, : (2010) 3 SCC 119; has resulted into non -selection of the petitioner, and therefore, he has instituted the present writ application, praying for the following relief(s): "a. Issued a writ order of direction in the nature thereof thereby to direct the respondent to consider the petitioner as eligible candidate for the post of LDC and he may be allowed to appoint on the post of LDC at District and Session Court Jhalawar. b. Issued a writ order or direction to set aside the entire process of selection on the post of LDC in District and Session Court Jhalawar. c. Issue an order or direction which this Hon'ble Court deems fit and proper may kindly be passed in favour of the petitioner. d. Any other appropriate order or direction which this Hon'ble Court may deem fit and proper in favour of the petitioner may kindly be passed with cost."
(2.) SHORN off unnecessary details, the skeletal material facts essential for appreciation of the controversy raised are that the petitioner, in response to an advertisement dated 10th January, 2012, submitted his application for consideration of his candidature for appointment to the post of Lower Division Clerk (LDC) in the District & Sessions Court of Jhalawar, against the quota reserved for Other Backward Classes (OBC). On the conclusion of the recruitment process, the list of successful candidates was drawn and declared on 25 April, 2012, wherein the name of the petitioner finds place at serial No. 17. It is pleaded case of the petitioner that two candidates belonging to OBC category, namely Firoj Khan and Shiv Prasad, who have scored 184 and 179 marks, respectively, which are far more than scored by the last candidate selected in the General category, i.e. 154, ought to have been considered in the General/Open Category and could not have been counted towards reserved quota for OBC.
(3.) LEARNED counsel for the petitioner, Mr. Manoj Bhardwaj, reiterating the pleaded facts and grounds of the writ application, emphatically argued that the petitioner secured 167 marks and stood at serial No. 17 of the merit list. According to the learned counsel, the respondents applied the reservation policy contrary to the law declared by the Hon'ble Supreme Court in the case of Jitendra Kumar Singh (supra), for the successful candidates, who got selected on their own merit i.e. Firoj Khan and Shiv Prasad, have been counted towards reserved quota, owing to the fact that they had availed the concession in relaxation of age alone.;