- (1.) BY the Court : This appeal has been preferred against the order, dated !7 August 2005, passed by the learned Single Judge in SBCWP No. 3503 of 1997, Mst. Rajshri Chaursiya v.. RPSC and another by which the learned Single Judge had been pleased to dismiss the writ petition holding therein that if the petitioner/appellant herein was aggrieved with the determination of vacancies for selection to the posts of Lecturer (Beauty Culture), she should have challenged the same before she participated in the selection process.
(2.) IT is an admitted position that an advertisement was issued for appointment to the post of Lecturer (Beauty Centre) on 20 January 1997. indicating therein that two posts are reserved for scheduled caste Category, two posts for scheduled tribe category and two posts for other backward classes category In all, six posts were earmarked for the reserved category candidates. The petitioner/appellant duly participated in the selection. After the selection was over, she filed a writ petition before the learned Single Judge urging that the respondents have not followed the roster while determining the vacancies in the reserved category. According to her contention, three posts should have been reserved for the candidates of other backward classes and two posts for the scheduled caste and only one post for scheduled tribe. As already stated, the learned Single Judge rejected the writ petition only on the ground that this writ petition should have been filed by the petitioner before she participated in the selection. Having heard the counsel for the appellant, in the light of the reasonings assigned by the learned Single Judge, we have noticed that in the advertisement it was clearly indicated as to how many posts are reserved and how they were to be bifurcated and distributed among the three classes of reserved category candidates, i.e., SC, ST and OBC. In the advertisement two posts each for the three reserved category were ear -marked. But, the petitioner/ appellant did not challenge the distribution of the posts as contained in the advertisement, by urging that the distribution published in the advertisement is contrary to the roster to be followed by the respondent -State. If the appellant was really aggrieved of the distribution of the posts on the premise that he roster fixed by the State Government has not been followed, it was surely open for her to challenge the same by challenging the advertisement itself which indicated the distribution of the posts in the three reserved category. For the reasons best known to the appellant, she did not challenge the same but only after the selection, she has raised a plea that the distribution of the posts among the three reserved category candidates is not correct. This, obviously is bound to result into legal complications for the reason that if three posts were to be diverted to the OBC category, obviously the vacancies in the other two categories of SC and ST would have been decreased by two and one only, thereby adversely affecting the candidates selected in the SC and ST categories. It is for this reason that we agree with the view of the learned Single Judge that if the petitioner/appellant herein was aggrieved of the distribution of the posts into the three categories, it was open for her to challenge the same before the selection process had started.
(3.) THE counsel for the appellant further submitted that even if the appellant were to challenge the uneven distribution of the posts in the three reserved category, the same could not have been entertained as it would not have affected any candidate. The argument is erroneous even on the face of it, for, once the re -distribution were permitted on the ground that it had violated the roster of the State Government, obviously the posts in the other two reserved categories were bound to be decreased and the selected candidates would be adversely affected. This anamalous situation cannot be allowed to be created by a candidates after she has participated in the selection. If the appellant was seriously aggrieved of the distribution of the posts in the three reserved categories, she could have challenged the advertisement earlier, as already stated hereinbefore.;