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DINESH MEHTA
Bhanwari – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. By way of the instant writ petition, the petitioner has impugned the action of the respondents, as they did not call the petitioner for document verification and consequently, did not offer her appointment, though one post was vacant.
2. The facts pertinent for the present purposes are that the petitioner vied for the post of Jail Warder pursuant to recruitment notification dated 29.10.2015. The petitioner being an OBC-non creamy layer candidate staked her claim against 16 posts of Jodhpur Division out of which 12 were earmarked for General female candidates and 4 for OBC Female candidate.
3. The petitioner cleared the written examination so also physical standard and efficiency test.
4. When the result was declared and provisional list of finally selected candidates eligible to be called for document verification was issued, out of 12 post of General Female, the respondents gave appointment only to 11 candidates and one seat was kept reserved for one Punni Devi purportedly for giving effect to the order passed by a co-ordinate Bench of this Court in a writ petition filed by her (SBCWP No. 6130/2018).
5. Three candidates namely Sumta, Kundani and Bhanwari (the petitioner) wer
Wait listed candidates do not have a right to appointment against vacancies arising post-completion of a selection process; fresh selection procedures must be initiated instead.
The main legal point established in the judgment is that the appointing authority cannot deny appointments on whims and must act in accordance with the rules and with justifiable reasons. The judgmen....
The main legal point established in the judgment is the principle of migration from reserved category to open category based on merit, as mandated by Article 14 and Article 16(4) of the Constitution,....
The court established that horizontal reservations must ensure that women candidates fulfilling merit criteria cannot be displaced by category claims if they satisfy reservation requirements.
In the absence of specific provision for a waiting list, candidates cannot claim appointment on vacancies left unfilled due to non-joining of selected candidates.
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