SATYENDRA KUMAR Vs. STATE OF RAJASATHAN & ORS

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the writ petitions are heard finally.

(2.) An advertisement was issued for the post of Pharmacist. The petitioners applied for the post and appeared in the selection test. The non-petitioners while preparing the select list followed by order of appointment, provided reservation to the woman candidates beyond 30%, meant for them. The reservation to the women is horizontal and explained by the Hon'ble Apex Court in the case of Rajesh Kumar Daria Vs. Rajasthan Public Service Commission & Ors., 2007 8 SCC 785. In view of the judgment aforesaid, women candidates securing appointment in the list of open category candidates, need to be counted towards reservation unlike vertical reservation where candidates finding place in the merit list at their own, are not to be counted towards reservation. The non-petitioners have ignored the aforesaid, which resulted in excess appointment of women candidates, inasmuch as those female candidates who could find place in the merit list of open category candidates at their own have not been counted towards reservation, rather separate reservation has been provided to them to the extent of 30%. Thus, excess appointments have been given to the women candidates. The prayer is to direct the non-petitioners to make appointment of the petitioners or other meritorious candidates to the extent of excess appointments of woman candidates. The issue aforesaid was dealt with by this Court also in the case of Naresh Kumar Sharma & Ors. Vs. State of Rajasthan & Anr. (S.B. Civil Writ Petition No.3414/2009), vide judgment dated 20.09.2011. The ratio propounded therein may also be applied to this case.

(3.) Shri S.K. Gupta, learned Additional Advocate General opposed the petitions but in the light of the judgment of the Apex Court in the case of Rajesh Kumar Daria and of this Court in Naresh Kumar Sharma & Ors. , admitted that appointments to the women candidates have been given in excess to the reservation provided for them.