LAXMI KANWAR Vs. STATE

JUDGEMENT

(1.) The legal question involved in these writ petitions is as to whether horizontal reservation permits inter transferability/migration of candidates from one category to another?

(2.) To address the aforesaid issue and for convenience, the facts of S.B. Civil Writ Petition No.11119/2012 (Laxmi Kanwar & Anr. Vs. State of Rajasthan & Ors), are taken.

(3.) The respondents issued an advertisement calling for applications for appointment on the post of Teacher Gr.III (Level I & II). In response to the advertisement, applications were submitted by the petitioners followed by selection test. The result of the selection was thereafter declared in the month of June, 2012. The respondents migrated reserve category women to general category based on their higher marks though many reserve category woman candidates availed relaxation/concession in selection thus not liable to be migrated to general category. It is apart from the fact that horizontal reservation does not permit migration from one category to another like vertical reservation. Prayer is accordingly to restrain the respondents to migrate reserve category woman candidates to general/open category women quota of 30%. Other writ petitions are for different posts but common question of law is involved.