A candidate belonging to a reserved category, if selected under the General/Open Category, is entitled to be considered for posting as per his or her preference on the basis of his or her merit amongst the candidates of the respective category, as established in the case law.

ORDER :

1. The factual matrix of the case is that the respondent-Rajasthan Staff Selection Board, Jaipur, issued an advertisement dated 04.07.2018 for inviting applications from the eligible candidates for recruitment to the posts of Stenographers in various departments.

The petitioner being an eligible candidate, having all requisite educational and other qualifications, submitted her application form mentioning her category as Schedule Tribe-Woman. The petitioner appeared in the written examination on 21.03.2021 will Roll No.173356 and in the Skill Test on 29.10.2021.

2. The final result was declared on 11.5.2022 and the petitioner having secured 247.8793 marks was declared selected on her own her merit in the General Woman Category.

3. The respondents after completing the selection process invited options from the selected candidates for their posting in various departments and districts as the posting was to be given to the selected candidates on the basis of their merit-cum-preference. The petitioner submitted her preferences for posting and opted various departments at Jaipur as her top preferences. The petitioner was allotted the Office of District Collector, Bundi, which was the preference No.61. The petitioner joined at the place of posting i.e. the District Collector, Bundi and submitted representation to the authorities for allotting place of posting at Jaipur.

4. Counsel appearing for the petitioner submitted that though the petitioner submitted her application form under the Scheduled Tribe Female Category but she was selected for the post of Stenographer in pursuance to the advertisement dated 04.07.2018 under the General Woman Category as she secured more marks than the cut off marks in the General Woman Category. Counsel further submitted that the respondents have allowed the posting to the petitioner as per her preference on the basis of her merit under the General Woman Category, though she was required to be given posting as per her preference on the basis of her merit in relation to the candidates selected under the Scheduled Tribe Category. Counsel further submitted and also averred in para 9 of the writ petition that the candidates namely; Lalaram Meena (Rank No.510), Mr. Satish Chand Meena (Rank No.512), Mrs. Pappu Ram Meena (Rank No.533), Mrs. Shree Lal Meena (Rank No.585) and many other less meritorious candidates have been allotted the departments of their choices or District Jaipur, though the petitioner was placed at higher rank i.e. at Rank No. 445. Counsel submitted that the action and omission of the respondents in not making allotment of the departments and District Jaipur for placing of posting to the petitioner is illegal, arbitrary and violative of Article 14 of the Constitution of India.

5. Mr. Ganesh Parihar, learned AAG appearing for the respondents submitted that the petitioner was selected on the post of Stenographer in pursuance to the advertisement dated 04.07.2018 under the General Woman Category and while making allotment of departments or districts, the preference of the petitioner was taken into consideration on the basis of her merit under the category in which she was selected. He further submitted that the allocation of departments and the districts have been made to the selected candidates strictly as per the Circular issued by the Administrative Reforms Department on 18.05.2020.

6. Counsel appearing for the respondents has also placed reliance upon the order dated 20.07.2020 passed by the Coordinate Bench of this Court in the case Rajesh Kumar v. State of Rajasthan & Anr. (S.B. Civil Writ Petition No.16648/2019).

7. On consideration of the submissions made by the counsel appearing for the respective parties and the averments made in the writ petition as well as in the reply to the writ petition, the question which falls for determination before this Court is “Whether a candidate belonging to a reserved category, if selected under the General /Open Category, is required to be considere