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R.BANUMATHI, A.S.BOPANNA
Rajasthan High Court, Jodhpur – Appellant
Versus
Neetu Harsh – Respondent


Advocates Appeared:
For the Petitioner(s):Mukul Kumar, Advocate
For the Respondent(s):H.D. Thanvi, Rishi Matoliya, Advocates

JUDGMENT :

A.S. BOPANNA, J.

1. Leave granted.

2. The appellants herein were the respondent Nos. 2 and 3 in the writ petition bearing DBCWP No.692 of 2017 which was considered and disposed of by the High Court of Judicature for Rajasthan at Jodhpur. Through the order dated 04.05.2017 the writ petition was allowed and the appellants herein were directed to consider the candidature of the private respondent herein for appointment on the post of Civil Judge-cum-Judicial Magistrate in the Civil Judge Cadre against the two vacancies reserved for disabled candidates in the Rajasthan Judicial Service Examination, 2016 and provide appointment as per merit of said category, if she is otherwise eligible. The said order and direction of the High Court is assailed herein primarily on the contention that the private respondent herein had not applied against the vacancies advertised for the physically challenged category but had applied as a General Category candidate and as per the merit list she was not entitled to be appointed as there were more meritorious candidates in the General Category

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