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2022 Supreme(Raj) 649

MANINDRA MOHAN SHRIVASTAVA, SAMEER JAIN
Sunita Meena D/o Shri Jagdish Prasad Meena – Appellant
Versus
Rajasthan High Court, Jodhpur through its Registrar General – Respondent


Advocates appeared:
For the Petitioner: Mr. Girraj P. Sharma.
For the Respondents: Mr. A.K. Sharma, Mr. Vishnu Kant Sharma.

JUDGMENT :

MANINDRA MOHAN SHRIVASTAVA, J.

1. By this petition under Article 226 of the Constitution of India, the petitioner, an aspiring candidate for appointment on the post of Civil Judge (Junior Division) and Judicial Magistrate in the Rajasthan Judicial Services, has challenged the legality and validity of the merit list prepared category-wise after preliminary examinations and published vide notice dated 11.01.2022, as also her non-inclusion by giving benefit of horizontal reservation as widow in ST category. The alternative ground, on which the petition rests, is that as the marks obtained by the petitioner are higher than the cut-off marks in the general category by operating horizontal reservation for widow, applying the rule of migration of the reserved category candidate by virtue of merit into general category, the petitioner was entitled to be placed in the merit list of the general (widow).

2. An advertisement was issued on 22.07.2021 by respondents inviting applications for appointment on 120 posts of Civil Judge (Junior Division) and Judicial Magistrate in the Raja

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