DR. CHHITAR MAL BALAI S/O SHRI SOHAN LAL BALAI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2017-9-81
HIGH COURT OF RAJASTHAN
Decided on September 08,2017

Dr. Chhitar Mal Balai S/O Shri Sohan Lal Balai Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

SANJEEV PRAKASH SHARMA,J. - (1.) Petitioners, by way of this writ petition, have challenged the advertisement dated 05/06/2017 on the ground that the advertisement does not reflect any reservation for SC or ST candidates.
(2.) On examining the material on record, it is observed that so far as the petitioner No. 1 is concerned, he is holding the post of Assistant Professor in Soil Science and there is only one post of Associate Professor, Soil Science advertised. In view of the law laid down by the Constitutional Bench of the Supreme Court in case of Ajit Singh-II v. State of Punjab : (1996) 2 SCC 715 , no reservation lies for one post.
(3.) As regards the three posts advertised for Senior Scientists and Head, the roster of 100 point for direct recruitment, as published by the State Government in terms of the judgment passed by the Supreme Court in the case of R.K. Sabharwal and Ors v. State of Punjab And Ors 1995(2) SCC 745 (post based roster), the first post, which falls for reservation is 6th in number. Even if L-Shape roster is applied, the 1st post, which falls for reservation for ST candidate, will be the 7th post. The said roster, which has been published by the State Government vide notification dated 20/11/1997, has been applied to the advertisement dated 05/06/2011 and from perusal of the advertisement, it is seen that where there are 4 posts, i.e. for Home Science, one post has been reserved for OBC.;


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