ANJALI NOLIYAL Vs. UTTARAKHAND PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THESE writ petitions raised common questions of law and facts and, accordingly, are being decided together.

(2.) IN the advertisement published, it was indicated that only one post, thus, advertised is available for scheduled caste candidates. Inasmuch as, the post was one and horizontal reservation for women belonging to scheduled castes was 30% of the posts available, no post was available for a person belonging to that category. Since a number of posts were available for open merit candidates, a few posts amongst them were reserved for women on horizontal basis in the said category.

(3.) IN these writ petitions, some of the petitioners are members of Scheduled Caste community. Each one of them responded to the said advertisement. While responding to the said advertisement, those petitioners held out that they belong to scheduled caste community. Commission invited all the petitioners to appear at a preliminary examination. After the preliminary examination was over, it was declared that each of the petitioners are unfit. Subsequent thereto, petitioners came to learn that women candidates belonging to open merit category, even having had secured 91.25 marks in the preliminary examination, have been asked to appear in the main examination, whereas each of the petitioners, who are also women, secured more marks than 91.25 marks in the preliminary examination, but they have not been called to appear in the main examination. This knowledge has resulted in filing of all these writ petitions.