Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANINDRA MOHAN SHRIVASTAVA, MUNNURI LAXMAN, JJ.
Shravan Singh S/o Shri Abhay Singh – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. Heard.
2. By this petition under Article 226 of the Constitution of India, the petitioners, who are general category candidates, have challenged the constitutional validity of sub-rule (3) of Rule 2 of the Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules, 1988 (hereinafter referred to as “Rules of 1988”) as amended vide impugned notification dated 07.12.2022.
3. The petitioners are ex-servicemen and aspire to participate in the direct recruitment process initiated vide advertisement dated 16.12.2022 on the post of Upper Primary School Teachers (Level-I and Level-II). Amongst other things, insofar as reservation for ex-servicemen is concerned, the advertisement provided for reservation in the following manner (in vernacular):
^^11- HkwriwoZ lSfudksa gsrq%
¼d½ HkwriwoZ lSfudksa ds vkfJrksa dks HkwriwoZ lSfudksa ds vkjf{kr inksa dk ykHk ns; ugha gksxkA
¼[k½ HkwriwoZ lSfud%&
¼1½ izfrj{kk ¼Fky] ty] ok;q lsuk½ lsokvksa ls lsokeqfDr ds le; vkosnd dk pfj= ^^vPNk^^ ls de ugha gksuk pkfg;s tSlk fd mldh lsokeqfDr esa n'kkZ;k x;k gksA
¼2½ izfrj{kk lsok ls lsokeqfDr ds i'pkr fdlh vkosnd dk pfj= ,slk gksuk pkfg;s tks mls fu;kstu ds fy;s vgZd cuk nsA
HkwriwoZ lSfudksa dks vkj{k
The court upheld the constitutional validity of category-wise horizontal reservation for ex-servicemen, affirming it does not violate merit principles or representation objectives.
Reservation for Ex-Servicemen is a special reservation under Article 16(1) and is a horizontal reservation, constituting a reservation within reservation. The intent of horizontal reservation is to i....
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....
Reservation policies must not exceed 50% of total vacancies and should be applied in alignment with horizontal and vertical reservation principles without creating inequalities.
Ex-servicemen who avail age relaxation cannot demand consideration in unreserved vacancies regardless of merit, as it contravenes governing recruitment rules.
Candidates participating in selection processes cannot later challenge recruitment methodologies after being declared unsuccessful, unless they timely contest relevant notifications.
The main legal point established in the judgment is the eligibility criteria for ex-servicemen under the Jammu & Kashmir Reservation Rules, 2005 and the inapplicability of the Ex-Servicemen (Re-emplo....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
