ANJALI SONI Vs. H.P.PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The applicant, in the present original application has prayed mainly for following reliefs : - (i) That the impugned Notification at Annexure -A3 whereby the available two posts of Assistant Professors in the Department of OBG have been offered to General Category and no post has been reserved for Scheduled caste category, may be struck down: (ii) That the respondent Department may be directed to reserve one post for Scheduled Caste category in the cadre of Assistant Professors (OBG) and applicant may be held entitled for consideration for appointment as a Scheduled Caste category candidate, with all consequential benefits.

(2.) The grievance of the applicant is that since the inception of the cadre of OBG in IGMC, not even a single post of the said cadre has been filled by reservation, by appointing a schedule caste candidate. The applicant submitted a representation dated 29.9.2k, (Annexure -A2) stating therein that she belongs to the Scheduled Caste category and is eligible for/ appointment to the post of Assistant Professor (OBG). However, vide impugned advertisement dated 29.4.2k, (Annexure -A3) the applications were called for two posts of Assistant Professors (OBG) (General category). The applicant in pursuance to this advertisement made another representation dated 4.5.2k, Annexure -A4 claiming that one post should h /e been reserved for the scheduled Caste category, as per reservation Policy of the State.

(3.) This action of the respondents/State has been put to challenge by the applicant on many counts in as many as the applicant states that vide instructions dated 29.8.1998 (Annexure -A5) para 5(c) in a cadre where the method of direct recruitment and promotion is applicable and the reservation is applicable to both the methods, two separate rosters are to be maintained, depending upon the percentage of reservation prescribed for each mode. The applicant further states that, however, one thing is clear that two rosters, are not to be maintained in a case where the reservation is not applicable for promotion. Thus, clear implication of the sub para is that in a cadre where there is no reservation in promotion, only one roster is to be applied, which has been maintained for direct recruitment.