STATE OF RAJASTHAN Vs. POONAM CHAUDHARY

JUDGEMENT

(1.) By way of these intra court appeals, the State is challenging the validity of the judgment dtd. 15/12/2021, whereby the learned Single Judge while quashing the letter/clarification dtd. 17/5/2018 issued by the Department of Personnel has issued directions to grant benefit of reservation in all the recruitment process, wherein the result has been revised and complete vacancies, as advertised, have not been filled-up till date irrespective the date of result. It has further been directed that in those cases, where the result has been revised and application for change of category has been invited by the Department and option thereof has been exercised by the candidates, the benefit of reservation would be granted to those candidates.

(2.) Mr. M.S. Singhvi, learned Senior Advocate-cum-Advocate General has submitted that though the State Government has decided to grant benefit of reservation in the OBC category to the Jat community of Bharatpur and Dholpur District, however, it was decided that in the on-going recruitment process, particularly where, some of the appointments have been made, the said benefits of reservation cannot be granted to the above referred community because it may lead to anomaly to the effect that the appointments already granted to the candidates in the OBC category likely to be disturbed. It is argued that the learned Single Judge while issuing the directions, referred above, has not taken into consideration this aspect of the matter and erred in directing to extend the benefit of reservation to all those recruitment which were not even questioned in the present matter.

(3.) It is further submitted by the learned Advocate General that dealing with similar situation in the cases of Economically Weaker Sec. , the Single Judge of this Court in Surendra Singh Rathore Vs. State of Rajasthan, reported in 2021 WLC 354 has rejected similar contention and upheld the action of the State Government, wherein the benefit of reservation to the Economically Weaker Sec. has been denied in on-going recruitment selection. It is also submitted that the judgment cited above has been affirmed by the Division Bench of Rajasthan High Court, Principal Seat at Jodhpur vide judgment dated 20th of July, 2020.