RUCHIT PUNN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) RESPONDENT -State issued an advertisement dated 17.11.2010, whereby applications were invited for filling up 101 posts of Ayurvedic Medical Officers on contract basis. 40 posts were meant for general category, 10 posts were meant for SC category and 9 posts were meant for OBC category. Remaining 42 posts were reserved for various other categories, as per the details given in the advertisement. Petitioners sat in the screening test and they were called for interview in the month of July, 2011. Respondent No.3 has issued merit list vide Annexure P -2. Respondent No.3 has made recommendations for appointment to the posts of Ayurvedic Medical Officers vide Annexure P -3. Petitioners belong to Scheduled Caste category. Their names are at Sr. Nos. 11 and 12 in their category.

(2.) IT is evident from the recommendations made that two candidates belonging to scheduled caste category at Sr. Nos. 36 and 39 have been shown in general category but correspondingly two posts have not been filled up from the scheduled caste category as per the merit list.

(3.) IT is no more res integra that in case of vertical reservation, reserved candidates may compete for non -reserved posts and if they are appointed to the non -reserved posts on their own merit, their number will not be counted against the quota. (see: : (1995) 2 SCC 745, : (1995) 6 SCC 684: (1996) 3 SCC 253.