RAJESH KUMAR DARIA versus RAJASTHAN PUBLIC SERVICE COMMISSION AND ORS.

RAJESH KUMAR DARIA versus RAJASTHAN PUBLIC SERVICE COMMISSION AND ORS.

Horizontal reservation for women must be applied within the vertical category, and women selected on merit should be counted towards the quota for women. The RPSC incorrectly treated horizontal reservation as vertical reservation, resulting in the excess selection of women candidates in the general and OBC categories, contrary to Rule 9(3) of the Rajasthan Judicial Service Rules, 1955. Proper application would only have entitled three appellants to selection.

Parties
Appellant: Rajesh Kumar Daria; Respondent: Rajasthan Public Service Commission; Appellant: Mohan Lal Soni; Appellant: Sunil Kumar Gupta
Jurisdiction
India
Judgment Date
18 July 2007
Procedural Posture
Civil Appeal / Appeal Against High Court Order
Outcome
Appeal partly allowed
Legal Topics
Reservation Policy, Horizontal and Vertical Reservation, Judicial Service Appointments
Service Law Constitutional Law Reservation Policy Horizontal and Vertical Reservation Judicial Service Appointments

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Parties

Rajesh Kumar Daria

Appellant

Rajasthan Public Service Commission

Respondent

Mohan Lal Soni

Appellant

Sunil Kumar Gupta

Appellant

Procedural Posture

Civil Appeal / Appeal Against High Court Order

Legal Issues

  1. 1 Whether reservation for women under Rule 9(3) of Rajasthan Judicial Service Rules, 1955 was applied correctly by RPSC
  2. 2 Whether excess selection of women candidates amounted to violation of reservation policy

Ratio Decidendi

Horizontal reservation for women must be applied within the vertical category, and women selected on merit should be counted towards the quota for women. The RPSC incorrectly treated horizontal reservation as vertical reservation, resulting in the excess selection of women candidates in the general and OBC categories, contrary to Rule 9(3) of the Rajasthan Judicial Service Rules, 1955. Proper application would only have entitled three appellants to selection.

Court Disposition

Appeal partly allowed

Orders

  • Order of the High Court set aside regarding three appellants.
  • Sunil Kumar Gupta and Mohan Lal Soni shall be deemed selected in the 2001 list; letters of appointment to be issued; seniority counted from actual date of appointment.