RAJESH KUMAR DARIA Vs. RAJSTHAN PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THE appellant in this appeal, as also the appellants in the connected appeal, were candidates for selection to the posts of Munsiff - Magistrate, in the Rajasthan Judicial Service. Rajasthan Public Service Commission (for short 'RPSC'), entrusted with the responsibility of selection, issued an advertisement dated 17.5.2001 inviting applications for filling up 116 vacancies of Munsiff - Magistrates. THE details of the vacant posts were shown as under: <FRM>JUDGEMENT_154_JT10_2007Html1.htm</FRM> THE RPSC conducted the written examination followed by interviews. 261 candidates were successful. Only 97 of them could be appointed, as some vacancies earmarked for SC and ST categories could not be filled for want of suitable candidates.

(2.) THE appellant in this appeal (Rajesh Kumar Daria) and the third appellant in the connected appeal (Mohan Lal Soni) were OBC candidates. THE other five appellants in the connected appeal were general category candidates. THEy were not selected. According to them, women candidates were selected in excess of their reservation quota, contrary to the Rules. THEy contended that though the Rules provided for horizontal reservation of 20% for women category-wise, RPSC while preparing the selection list, had wrongly applied the principles of vertical reservation and had selected women in excess of the quota, thereby denying selection of the appellants and other male candidates. It was contended that they had secured higher marks than the selected women candidates and but for the excess selection of women candidates, they would have been selected. THE appellants in these appeals along with some other aggrieved candidates therefore filed W.P. No.4150/2002 seeking a declaration that the selection list dated 30.12.2001, was bad in law to the extent of excess selection of women candidates and for a consequential direction to fill those vacancies with male candidates. THEy (writ petitioners) also sought a direction that they should be appointed if it was found that they had secured the necessary marks.

(3.) BEFORE examining whether the reservation provision relating to women, had been correctly applied, it will be advantageous to refer to the nature of horizontal reservation and the manner of its application. In Indra Sawhney v. Union of India, the principle of horizontal reservation was explained thus (Pr.812):