JYOTSANA Vs. STATE OF UTTRARAKHAND

JUDGEMENT

(1.) We have heard the learned Counsel for the parties and perused the entire material available on record.

(2.) Since in both these writ petitions, common question of law is involved to be decided by this Court, therefore, both the petitions have been consolidated and are being decided by a common judgment. Writ petition No. 84 of 2009 (S/B) shall be the leading case.

(3.) Uttarakhand Public Service Commission (hereinafter referred to as the Commission) issued advertisement No. A-7/E-1/07-08 dated 21.04.2008 notifying 33 vacancies on the post of Civil Judge (Junior Division), out of which 5 were reserved for candidates belonging to Scheduled Caste Category, who are residents of the Uttarakhand State. It was provided that horizontal reservation shall be applicable, as per relevant Government Orders. After having applied, the petitioners appeared for the post of Civil Judge (Jr. Div.) in Civil Judge (Jr. Div.) Examination, 2008. The petitioners asserted that the petitioners were declared selected by virtue of select list issued by respondent No. 2. Mrs. Jyotsana as well as Ms. Shalini Dadar had obtained 489 marks in aggregate but Mrs. Jyotsana was placed higher in order of merit by virtue of the fact that she had obtained higher marks in the written examination.