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1998 Supreme(Raj) 533

Rajasthan High Court, Jaipur Bench
Honble J.C. VERMA, J.
Pragya Saxena - Appellant
Versus
State of Rajasthan and Another - Respondents
S.B. Civil Writ Petition No. 2265 of 1998
Decided On : August 07, 1998

Advocates Appeared:
Ajay Rastogi, for Petitioner Inderjeet Singh, for Respondent No.1 S.N. Kumawat, for Respondent No.2

Headnote:Service Matters – Reservation for women candidates – The original advertisement dated 26/10/96, later on with corrigendum issued on 28.1.97 the no. of posts increased and 20% posts were reserved for women candidates – Held – The last date for receipt of the application forms was after the date of amendment in the rules for providing reservation for the women candidates, – The women candidates are entitle to reservation as per notification – A separate merit list for women candidate be prepared. (Paras 4 & 5)

       

Honble VERMA, J.–The reservation of 20% was prescribed for women candidates vide notification dated 22.1.97 issued by Rajasthan Government. The petitioner is aggrieved that for the post of Assistant Agriculture Engineer as advertised by Rajasthan Public Service Commission (for short `RPSC) vide advertisement No. 6/96-97 dated 26.10.96 the reservation meant for women candidates have not been adhered to. Even though according to original advertiment dated 26.10.96. vacancies were advertised, but later on with a further corrigendum issued by RPSC No. 4/96-97 dated 28.1.97 (Ann.2) the vacancies were increased to 48. It is further submitted that in the same corrigendum it was mentioned that out of total posts, 20% posts will be reserved for women candidates. The posts of Assistant Agriculture Engineer are to be filled up by way of interview and no written test is provided. According to petitioner 10 posts out of 48 posts were to be reserved for women candidates and as per her information only 8 candidates had applied. The screening was made so far the male candidates were concerned. The schedule of examination was published to be held the examination on 21.9.97. It was provided in the schedule of examination that the women candidates belonging to Scheduled Casts. Women (General category) and OBC were exempted from the screening test, as per letter (Ann.3). However, the screening test was again reintroduced for the women candidates vide letter dated 28.11.97 (Ann.4). The petitioner appeared in the screening test on 21.12.97. She qualified the test and was called for interview vide letter dated 24.2.98 and she appeared for interview on 26.3.98. It is stated by the petitioner that instead of treating her to be considered for giving the benefit of reservation of women candidates, she had been treated a general candidate along with male candidates and has not been offered the appointment. It is submitted that a separate list of women candidates ought to have been prepared. She was informed vide letter dated 13.4.98 (Ann.6) that it was not possible for RPSC to select her. The prayer has been made by the petitioner to direct the respondents to consider the candidature of petitioner against the vacancies of Assistant Agriculture Engineer meant for women candidates in terms of the notification dated 21.1.97 and consequently the letter dated 13.4.98 be quashed.

(2). The RPSC has filed the written statement. It is admitted that as per corrigendum that last date for submission of application form was 24.2.97. It is also not denied that 20% posts were to be filled up out of women candidates and on the querry being asked by RPSC, the Government had informed that selection process is to be conducted keeping in view the 20% reservation for women candidates. It is stated that initially the women candidates were exempted from screening test. However, the RPSC has sought confirmation about reservation once againt and the Government had informed RPSC that because of the reason that the process of recruitment had started earlier to the order dated 21.1.97, therefore, no reservation is to be allowed for women. It is stated that the result of screening test was declared on 24.1.98 and 75 candidates from general (73 male + 1 female & 1 physically handicapped), 27 candidates from Scheduled Castes and 33 candidates from other Backward Classes (32 male + 1 female), total 135 candidates were declared succe- ssful. It is stated that they were called for interview and a list of 48 selected candidates was sent to Government on 2.4.98.

(3). The only question which remain to be determined is as to whether the notification dated 22.1.97 providing reservation for women candidates was applicable to advertisement in question or not? Initially the advertisement (Ann.1) was issued on 26.10.96, then it was modified by way of corrigendum Dated 28.1.97 (Ann.2), whereby 48 vacancies of the post of Assistant Agriculture Engineer were advertised. In this very advertisement, it






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