K.G.BALAKRISHNAN, DALVEER BHANDARI, R.V.RAVEENDRAN
Rajesh Kumar Daria – Appellant
Versus
Rajasthan Public Service Commission – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
The main issue in the case was the incorrect application of reservation policy by the Rajasthan Public Service Commission (RPSC), which resulted in an excess selection of women candidates and the denial of opportunities to other eligible candidates (!) (!) .
The reservation policy in question included a 20% horizontal reservation for women candidates within the vertical reservation categories, as per the relevant rules (!) (!) .
The RPSC improperly applied the reservation policy by treating the women reservation as a vertical reservation rather than a horizontal reservation, leading to the over-inclusion of women candidates and the exclusion of eligible male candidates (!) (!) .
The court recognized that although the reservation policy was applied incorrectly, it would not be just to disturb the entire selection process or the appointments already made, given the circumstances and the fact that some candidates had already been serving for several years (!) .
Relief was granted only to specific appellants who had been affected by the incorrect application of reservation policy, allowing certain candidates who were initially denied appointment to be deemed selected and issued appointment letters without disturbing the existing appointments (!) (!) (!) .
The court ordered that one appellant, who had been overlooked due to the excess reservation of women candidates, be given retrospective seniority in the 2001 selection list, based on his subsequent appointment and performance, but without entitlement to monetary benefits (!) .
The appeals were allowed in part, and the order of the High Court was set aside to the extent of the relief granted to these specific appellants, ensuring justice for those adversely affected by the misapplication of reservation policy (!) .
Please let me know if you need further analysis or specific legal advice related to this case.
JUDGMENT
Leave Granted.
The appellant in this appeal, as also the appellants in the connected appeal, were candidates for selection to the posts of Munsiff - Magistrate, in the Rajasthan Judicial Service. Rajasthan Public Service Commission (for short RPSC), entrusted with the responsibility of selection, issued an advertisement dated 17.5.2001 inviting applications for filling up 116 vacancies of Munsiff - Magistrates. The details of the vacant posts were shown as under :
Total No. of PostsGeneral Category PostsReserve Posts
S.C.S.T.O.B.C.
Men (M)Women(W)MFMFMF
1164811154113195
The RPSC conducted the written examination followed by interviews. 261 candidates were successful. Only 97 of them could be appointed, as some vacancies earmarked for SC and ST categories could not be filled for want of suitable candidates.
2.The appellant in this appeal (Rajesh Kumar Daria) and the third appellant in the connected appeal (Mohan Lal Soni) were OBC candidates. The other five appellants in the connected appeal were general category candidates. They were not selected. According to them, women candidates were selected in excess of their reservation quota, contrary to the Rules. They contended that
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.