SHIVANI KOHLI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Learned counsel for the respondents fairly do not oppose the Application (MCC No.14102 of 2022) seeking restoration of the writ petition, which was dismissed in default on 21/3/2022 as well as the Application (IA No.14103 of 2022) seeking condonation of delay in filing the Application for restoration.

(2.) Uttarakhand Public Service Commission, respondent no.2, issued an Advertisement on 28/9/2013 inviting applications from the candidates for 24 posts of the Uttarakhand Judicial Service-Civil Judge (Junior Division). Out of total advertised 24 posts, four posts were available for the Scheduled Caste category and one post was for Scheduled Caste Uttarakhand Female candidate. The said Advertisement included the particulars required to be filled up by the candidates. It was provided inter alia in para 1 of the Advertisement-Applicants must disclose their category/ sub-category related to their vertical/horizontal reservation in the online applications. In case of non-claiming of reservation, the benefit of reservation will not be allowed to the applicants in view of the order dtd. 8/6/2010 passed by the High Court and the Order passed by the Hon'ble Supreme Court in Special Leave Petition (Civil) No.(S)19532 of 2010.

(3.) The case of the petitioner is that she is a resident of Uttarakhand belonging to the Scheduled Caste category. She filled the application form. The final result of the examination was declared. Petitioner had secured 462 marks, whereas, respondent no.3 obtained 441 marks. Respondent no.3 was selected. Respondent no.2 has wrongly shown the category of petitioner as Scheduled Caste only, but has not shown the petitioner as to Scheduled Caste Uttarakhand Female candidate. Based on the marks obtained by the petitioner, she is entitled to be included in the select list. Petitioner submitted a representation on 2/12/2014 before respondent no.2, but the respondent no.2 did not response to the said representation. Therefore, she has filed the present writ petition.