PAWAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In pursuance of advertisement issued by respondent no.2 for the post of Junior Engineer (Civil and Technical) in Irrigation Department, the petitioners appeared in written examination held on 8th & 9th January, 2010. Upon being declared successful in the written examination, the petitioners were called for interview held in the month of October, 2010. The final result was declared on 15.05.2011, in which all the petitioners were declared successful. In the result so declared on 15.05.2011, petitioner nos.1 & 2 were selected and recommended for the post of Junior Engineer (Civil) in Irrigation Department and their names were placed at Serial no.59 & 75, respectively, amongst those selected for Irrigation Department. Similarly, all other petitioners were selected and recommended for appointment for the post of Junior Engineer (Civil) in Jal Sansthan and their names were placed at Serial nos.29, 30, 41 and 67, respectively.

(2.) It appears that the selection, in respect of more vacancies than the number of vacancies advertised in the Public Works Department, was challenged by certain persons by filing a writ petition before this Court. The same was dismissed on the ground of locusstandi. The order of the Hon'ble Single Judge was challenged by those persons in Special Appeal no.83 of 2011 before the Division Bench of this Court. The Special Appeal was allowed and the competent authority was restrained from making appointments in excess of the vacancies advertised in respect of Public Works Department.

(3.) All the petitioners belong to General Category except petitioner no.6, who belongs to O.B.C. Category. The advertisement itself provided horizontal reservation to the extent of 30% to the women candidates. Horizontal reservation provided for women candidates was introduced by a Government Order dated 18.07.2001 and the modalities of applying such reservation were explained in subsequent Government Order dated 21.06.2002. Such horizontal reservation was provided in the advertisement by virtue of the Government Order dated 18.07.2001, which provides for horizontal reservation to the extent of 20% to the women candidates. The said Government Order further provided that women candidates shall be given horizontal reservation within their own category. The horizontal reservation quota available to the women candidates was thereafter increased from 20% to 30% by the subsequent Government Order dated 24.07.2006. In Paragraph 4 of the Government Order dated 21.06.2002, it was provided that in direct recruitment to State Services, the posts reserved for women candidates shall not be carried forward, if suitable candidates belonging to the said category are not available and such posts shall be filled by suitable male candidates. Again the State Government issued another Government Order dated 28.12.2004, wherein it was provided that the State shall make reasonable efforts to fill up the vacancies horizontally reserved for women candidates and if suitable women candidates are not available, then the vacancies shall be carried forwarded thrice and only after carry forwarding the vacancies for three times, if no suitable woman candidate is available than only the vacancy could be filled by suitable male candidate. In view of the aforesaid Government Order dated 28.12.2004, as many as 125 vacancies on the post of Junior Engineer (Civil) have been carried forward in the aforesaid selection, due to non-availability of women candidates. This is in addition to reserved vacancies, which were carried forward for persons belonging to other categories.