MISS MAGEE D/O SHRI KARNA RAM Vs. STATE OF RAJASTHAN THROUGH THE SECRETARY
LAWS(RAJ)-2017-1-21
HIGH COURT OF RAJASTHAN
Decided on January 20,2017

Miss Magee D/O Shri Karna Ram Appellant
VERSUS
State Of Rajasthan Through The Secretary Respondents

JUDGEMENT

- (1.) The respondent authorities issued an advertisement dated 26.10.2015 whereby applications were invited for the post of Forester/Vanpal at Circle/Zonewise. The vacancies for the Barmer (2 of 9) [CW-4163/2016] Circle finds mentioned at S.No.30 of the advertisement. Against the column of total posts, 07 posts were advertised for district Barmer and as per Condition No.2.1 of the advertisement, a total of 30% posts were stated to be reserved for women. The petitioner cleared the written examination, Physical Efficiency Test as well as interview and her name finds mention at S.No.1 in the list maintained for women category. However, one woman against the unreserved post was appointed whereas 30% of the vacancies reserved for women amounts to 1.8 posts out of the 07 posts.
(2.) The present writ petition has been filed for setting aside the final result (Annex.4) with a direction to include the name of the petitioner in the select list and grant appointment as per her merit in pursuance to the recruitment process initiated for district Barmer.
(3.) Reply has been filed by the respondents No.1 to 4 as well as by respondent No.5. As per reply filed by learned counsel for respondent No.5, the petitioner had submitted her application form in the category of OBC Non-Creamy Layer and since there was no reservation for OBC in the advertisement, the question of granting reservation to women candidates belonging to BC category does not arise. As per condition No.2.1 of the advertisement, the provision with regard to the 30% Horizontal reservation of Women candidates in the advertised posts is category-wise. The reservation of women candidates shall be adjusted proportionately in the respective category to which such women candidate belongs. One candidate Lalita Dadani whose name appears at Serial No.2 in the select list (3 of 9) [CW-4163/2016] belongs to unreserved Female category and she has been accordingly selected. Thus, one post stands filled as per 30% reservation.;


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