LAWS(MPH)-2022-9-109

LOVELY NIRANJAN Vs. RAJMATA VIJAYARAJE SCINDIA KRISHI VISHWAVIDHYALAYA

Decided On September 03, 2022
Lovely Niranjan Appellant
V/S
Rajmata Vijayaraje Scindia Krishi Vishwavidhyalaya Respondents

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(2.) It is the case of the petitioner that she is holding the degree of Bachelor of Engineering (Civil). The respondent University advertised certain posts of Sub Engineer (Civil) by issuing an advertisement on 11/1/2012. As per this advertisement, four posts of Sub Engineer (Civil) were kept in unreserved category, whereas two posts were reserved for ST category and one post was reserved for SC category and one post was reserved for OBC category. As per the advertisement, 30% reservation for women was prescribed. The petitioner also participated in the aforesaid advertisement against women unreserved category. The result was declared, according to which, Ku. Aarti Kaithwas was placed at serial No.1 in SC category, whereas the petitioner had obtained 49 marks and she was placed at serial no.1 in the women unreserved category. However, thereafter the final select list was issued and out of 8 posts, only 7 posts were filled. Although the petitioner was at serial no.1 in the women unreserved category, but still she was not given the appointment.

(3.) The respondents filed their return and submitted that the reservation was horizontal in nature. It is well established principle of law that if a candidate belonging to reserved category succeeds in getting more marks than the cut off marks of general category, then he or she shall be treated as a general category candidate. Furthermore, the petitioner could not score minimum cut off marks fixed by the selection committee.