KIKAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Precisely the question, which has fallen for adjudication in the case at hand is, whether a candidate belonging to any of the vertical reservation categories on the basis of his/her merit is entitled to be selected in the open or general category and, in such eventuality, whether his/her selection is to be counted towards the quota granted for vertical category?

(2.) Before exploring/ascertaining an answer to the aforesaid question, it would be apt to take note of certain undisputed facts, which may be germane for the adjudication of the case at hand.

(3.) Respondent No.3, vide advertisement No. 35-3/2019 dated 28.12.2019 (Annexure P-1) advertised 10 posts of Senior Laboratory Technician (now Medical Laboratory Technician Grade-II) under post code 749. Such posts were reserved for various categories as follows: