CHANDRA BHAN YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner in the present case is working on the post of Teacher Grade II (Mathematics). He was appointed vide order dated 1.7.1994 with the Education Department of the State. While in service, he came across an advertisement issued by the RPSC on 7.3.2002 advertising 529 posts of Headmasters. Petitioner being eligible applied for the appointment on the said post. He eventually cleared the written examination and was then called for interview. The respondent-RPSC in the result declared on 18.12.2003 placed his name at S.No.106 of the waiting list of the general candidates.

(2.) Petitioner belongs to other backward classes (for short-OBC). His grievance is that had the law of reservation been correctly applied by the respondents, he would have secured appointment on the post of Headmaster.

(3.) Shri Dinesh Yadav, learned counsel appearing for the petitioner has argued that the respondent-RPSC in preparing merit list of the Headmasters has included 13 candidates in the category of OBC, even though they secured more marks than the last candidate of the general category. In the originally filed writ petition, though the petitioner asserted that there were 10 such candidates who had more marks than the cut off marks of the general category and yet included in the list of OBC candidates. The RPSC in its reply to the writ petition has disclosed that in fact number of such candidates were 13. These candidates by dint of their merit were entitled to be treated as general candidates and if their names were included in the merit list of general candidates, correspondingly the name of the petitioner would have been pushed up by 13 ranks. He being fifth candidate in the waiting list of OBC candidates, would have certainly been appointed. The respondents by wrongly applying the law of reservation have committed a serious illegality and deprived the petitioner of his right to appointment. Learned counsel Shri Dinesh Yadav in support of his arguments has relied on the judgement of Constitutional Bench of the Supreme Court in Indra Sawhney and Ors. v. Union of India and Ors.-1992 Supp (3) SCC 217 and other judgements of the Supreme Court in Ajay Kumar Singh and Ors. v. State of Bihar and Ors.-(1994) 4 SCC 401, R.K. Sabharwal v. State of Punjab-(1995) 2 SCC 745, Shri Ritesh R. Sah v. Dr. Y.L. Yamul and Ors.-AIR 1996 SC 1378 and Full Bench judgement of this Court in Shekh Mohd. Afzal and Anr. v. The State of Rajasthan and Anr.- 2008(1) WLC (Raj.) 60. : [2008(3)SLR 551 (Raj)]