JUDGMENT :

ANOOP KUMAR DHAND, J.

The petitioner has instituted the instant writ petition with the following prayer:—

“It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to accept and to allow this writ petition filed by the humble petitioner and;

(i) the entire selection and appointment on the post of Customer Relation Assistant pursuant to the advertisement which was published in Rajasthan Patrika and online on 15.10.2012 may kindly be quashed and set aside by declaring the same as illegal, arbitrary and ultra vires to secure the end of justice;

(ii) the respondents may be directed to appointment the petitioner on the post of Customer Relation Assistant in the JMRC as per reservation quota prescribed by Government of Rajasthan with all consequential benefits or in alternative it is further prayed that the advertisement published by the JMRC should be quashed and set aside as it is contrary to the reservation policy of the State Government;

(iii) Any other order which this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner;”

2. Briefly, the essential material facts necessary for appreciation of the controversy raised in the instant petition needs to be first noticed.

3. In pursuance of the advertisement issued by the Jaipur Metro Rail Corporation Ltd. (for short “JMRC”), the petitioner participated in the process of selection for appointment on the post of Customer Relations Assistant under the category of Scheduled Tribe Female, and she was kept in reserve waiting list at serial no. 3.

4. Counsel for the petitioner submits that in all fifty posts were advertised but for Scheduled Tribes (for short “ST”) candidates only five posts were reserved. Counsel submits that as per reservation policy, 12% posts are required to be reserved for ST candidates, which comes to six posts. Counsel submits that one more post is required to be provided for ST candidates that ton for female, as 30% reservation is there for Females in each category. If one more post is given to ST category, then there would be two posts for ST female candidates by applying the principle of rounding of. Counsel submits that in exercise of the powers conferred by Sections 4 and 6 of the Rajasthan Scheduled Castes, Scheduled Tribes, Backward Classes, Special Backward Classes and Economically Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Act, 2008, the State Government has framed Rajasthan Reservation of Appointments and Posts in Services under the State (Roster) Rules, 2009 (for short “the Rules of 2009”), by issuing Notification dated 18.9.2009. Counsel submits that model roster of the reservation with reference to the posts for direct recruitment has been attached as Schedule-I as per Rule 4 of the Rules of 2009. Counsel submits that as per Schedule-1 of the Rules of 2009, for fifty posts of direct recruitment, there would be six posts out of fifty posts for ST candidates as per the 12% reservation policy. Counsel submits that instead of reserving six posts for ST candidates, only five posts have been reserved in violation of the Notification dated 18.9.2009. Counsel submits that under these circumstances, either the entire process be quashed or the respondents be directed to provide one post for ST female candidates and give appointment to the petitioner on this post with consequential benefits.

5. Pe