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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE PUSHPENDRA SINGH BHATI, MR. JUSTICE CHANDRA PRAKASH SHRIMALI, JJ
Jasveer Singh – Appellant
Versus
Rajasthan High Court – Respondent
ORDER :
Pushpendra Singh Bhati, J.
1. The petitioner has preferred the present writ petition under Article 226 of the Constitution of India claiming the following reliefs :-
“a) The petitioner may be declared qualified for the Interview :
b) The Respondent may be directed to migrate the Petitioner from OBC Category to General-ESM Category: c) The Respondent may be directed to allow the Petitioner to appear in the interview;
d) Any other order or direction which this Hon’ble Court deems just and properr may kindly be passed in favour of the humble petitioner.”
2. The brief facts as noticed by this Court are that the respondents issued an advertisement dated 09.04.2024 notifying vacancies for recruitment to the Cadre of Civil Judge, 2024. The petitioner, possessing all requisite qualifications, applied for the aforementioned post under the OBC NCL category on 07.05.2024.
2.1 A corrigendum was issued by the respondent on 08.05.2024 i.e. on the last date of submitting the application whereby one post for Ex-Servicemen under General Category was notified. The petitioner, being an Ex-Serviceman, accordingly edited his application form to submit under the Ex-servicemen Category. Subsequently, th
Candidates participating in selection processes cannot later challenge recruitment methodologies after being declared unsuccessful, unless they timely contest relevant notifications.
The court ruled that reservations for Ex-Servicemen must be applied horizontally rather than vertically to comply with constitutional mandates, ensuring fair selection and not exceeding the 50% cap o....
Reserved category candidates who score above the general category cut-off must be treated as general candidates, ensuring merit prevails in recruitment processes as mandated by the Constitution.
Merit must govern the selection of candidates across categories, allowing migration from reserved to open categories based on superior performance.
The court upheld the constitutional validity of category-wise horizontal reservation for ex-servicemen, affirming it does not violate merit principles or representation objectives.
Candidates from reserved categories can claim horizontal reservations in open categories based on merit unless explicitly prohibited by law or policy.
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