SANGEETA Vs. STATE OF HARYANA

JUDGEMENT

(1.) We have heard the learned counsel for the parties and with their assistance have gone through the record of the case.

(2.) The learned counsel for the petitioner vehemently submits by relying upon the principle as laid down in the famous judgment of Indira Sawhney's case that there cannot be a reservation of more than 50%. In the present case out of three vacancies, one is meant for general category: one for Scheduled Castes and one for Ex-Servicemen. Out of the three advertised posts, two posts should come to the general category and in this manner the petitioner is entitled to be considered for appointment.

(3.) We have considered the submissions of the learned counsel for the petitioner. The ratio of Indira Sawhney's case is not applicable keeping in view the fact of this case. The reserved posts could not be converted into open one as alleged by the petitioner. In these circumstances, the petitioner was not entitled for appointment against the post which was reserved for Ex-servicemen. No merit. Dismissed.