DEEP MALA GAUTAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, a challenge is made to the Regulation 4(C)(I) of the Technical Workmen Service Regulations, 1975 (in short "the Regulations of 1975") and selection on the post of Technical Helper.

(2.) Rajasthan Rajya Vidyut Vitran Nigam Limited issued an advertisement to invite applications for the post of Technical Helper. The petitioners applied for the post and appeared in the selection. The petitioners could not get appointment in absence of reservation in favour of women. It is in view of the order dated 29th March, 2012 withdrawing the reservation in favour of the women. The respondents earlier passed a resolution to apply reservation in favour of women, as provided by the State Government. It is by passing an order on 4th April, 2008. The respondents have substituted Regulation 4(C)(1) of the Regulations of 1975 vide the order dated 29th March, 2012, thereby, reservation in favour of women has been withdrawn. If reservation is given to the woman candidates to the extent of 30% of the posts in each category, the petitioners would get appointment. A prayer is, accordingly, made to set aside the order dated 29th March, 2012 and give direction for appointment of the petitioners on the post of Technical Helper.

(3.) A reference of judgment of the Apex Court in the case of Indira Sawhney & Ors. Vs. Union of India, (1993) AIR SC 477 has been given. The issue of reservation in favour of woman candidates has been discussed therein. In view of the above, the respondents may be directed to give appointment after providing reservation pursuant to the earlier order dated 4th April, 2008.