REGENT COMPUTRONICS PVT. LTD.

BHARAT BHUSHAN BASOTIA Appellant

V/S

STATE OF RAJASTHAN Respondents

Referred Judgements :-

RICHPAL SINGH VS. STATE [REFERRED TO]
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION VS. RAJENDRA BHIMRAO MANDVE AND ORS. [REFERRED TO]
NEELIMA SHANGLA PH D CANDTDATE VS. STATE OF HARYANA [REFERRED TO]
A R ANTULAY VS. R S NAYAK [REFERRED TO]
N T DEVIN KATTI VS. KARNATAKA PUBLIC SERVICE COMMISSION [REFERRED TO]
ASHOK ALIAS SOMANNA GOWDA VS. STATE OF KARNATAKA [REFERRED TO]
POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH CHANDIGARH VS. K L NARASIMHAN [REFERRED TO]
SURENDRA NARAIN SINGH VS. STATE OF BIHAR [REFERRED TO]
AJIT SINGH VS. STATE OF PUNJAB [REFERRED TO]
STATE OF BIHAR VS. BAL MUKUND SAH [REFERRED TO]
BRIJ MOHAN LAL VS. UNION OF INDIA [REFERRED TO]
BHAVNAGAR UNIVERSITY VS. PALITANA SUGAR MILL PRIVATE LIMITED [REFERRED TO]
RAJASTHAN PUBLIC SERVICE COMMISSION VS. HARISH KUMAR PUROHIT [REFERRED TO]
ASHWANI KUMAR SINGH VS. U P PUBLIC SERVICE COMMISSION [REFERRED TO]
STATE OF PUNJAB VS. MANJIT SINGH [REFERRED TO]
INDER PARKASH GUPTA VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
STATE OF U P VS. PAWAN KUMAR TIWARI [REFERRED TO]
ASHOK LANKA VS. RISHI DIXIT [REFERRED TO]
NARESH KUMAR GUPTA VS. HIGH COURT OF JUDICATURE [REFERRED TO]
NARESH SHARMA VS. RPSC AJMER [REFERRED TO]

JUDGEMENT

(1.) SINCE all the aforesaid writ petitions involve common question of law, therefore, these four writ petitions are being decided by this common judgment. The facts of the case of Bharat Bhushan Basotia vs. State of Rajasthan & Ors. (SBCWP No. 8152/2004) are being taken as a leading case.

(2.) BRIEF facts of the case are that on 4.8.2003, the Rajasthan Public Service Commission (for short "the RPSC") issued an advertisement for conducting the examination for 108 posts of Munsif and Judicial Magistrate under the Rajasthan Judicial Service Rules, 1955 including the reserved category of SC/ST & OBC. The advertisement also contains that for the women candidates, there shall be horizontal reservation and in case of non-availability of women candidates, the seats are required to be filled by normal procedure.

(3.) LEARNED counsel for the petitioners submits that these rules clearly provides that in the event of non-availability of eligible and suitable candidates amongst the candidates of reserved category, the vacancies so reserved for them shall be filled in accordance with the normal procedure and such vacancies shall not be carried forward to the subsequent year. The selecting authority when came to know after interview that women candidates are not available, they ought to have included the name of the petitioner amongst the selected candidates in the main list itself.

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BHARAT BHUSHAN BASOTIA Vs. STATE OF RAJASTHAN

Referred Judgements :-

JUDGEMENT

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