ANKIT MEHTA Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) HEARD Mr. R.D. Rastogi, learned Counsel for the petitioner. For the order proposed to be passed, it is considered inessential to issue formal notice. Shortly put the facts pleaded are that the petitioner, a resident of Jaipur claiming himself to be a public spirited person and a social worker devoted to the cause of public welfare in the State, seeks to present this challenge attired as a public interest litigation to annul the notification dated 16.6.2013 (Annexure -1 to the writ petition) issued in exercise of the powers under Article 244(1) read with Paragraph 5(1) of the Fifth Schedule to the Constitution of India.

(2.) THEREBY whereas 45% and 5% of vacancies in the government jobs in Scheduled Areas have been reserved for Scheduled Tribes & Scheduled Castes respectively, in the matter of direct recruitment thereto, the remaining 50% of such vacancies construed to be unreserved are to be filled up by the local residents thereof (Scheduled Area). The manner of comprehension of the vacancies and the process of filling up the same have been detailed therein as well.

(3.) WITHOUT prejudice to these pleas, the petitioner has further averred that this step has been taken without collecting the quantifiable dates by appointing commissions, and that, thus the reservation stipulated for the remaining 50% of the unreserved vacancies for the local inhabitants of the Scheduled Area is an abuse of executive power, and as a matter of fact, a step informed with political considerations in furtherance of election prospects.