1 S.B.CIVIL WRIT PETITION NO.3408/2008 Pabu Ram Vs RPSC, Ajmer & Anr. Date of Order :: 29.7.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Bharat Devasi, for the petitioner. Mr. Tarun Joshi, for the respondent-Commission. ... The grievance of the petitioner is that the respondent – RPSC has not declared cut of marks for the category of physically handicapped while declaring result of preliminary examination. The controversy involved in this petition for writ is no more res integra in view of the Division Bench judgment of this Court in the case of Rajasthan Public Service Commission Vs. Rameshwar Ram Chhaba & Ors. in DB Special Appeal Writ No.401/2008 dated 21.7.2008 holding therein as follows: “Then the question, as to how the reservation is to be implemented, does arise, and it has repeatedly been recognized by the Hon'ble the Supreme Court, including by the Constitutional Bench, in Indira Sawhney's case (Indira Sawhney Vs. Union of India reported in 1993 SC-477) that the reservation for SC, ST and Other Backward Classes under Article 16 (4) would be vertical reservation, whereas the reservation in favour of physically handicapped, under Article 16(1) is to be treated as horizontal reservation. In view of the established legal proposition, as propounded by Hon'ble the Supreme Court, laying down the upper cap in the matter of reservation, obviously no further 2 vertical reservation is possible, as reservation is already in force rather at a saturated level. Apart from the fact, that Article 16(4) do not contemplate any such vertical reservation, in favour of ex-serviceman. The inevitable result of the above is, that reservation can be provided to the ex-serviceman, only as a horizontal reservation, and that has clearly been provided under the Rules. Not only that, a look at the advertisement issued by the Commission appellant does show, that specified number of seats have been reserved for the candidates belonging to category of ex-serviceman, in the Subordinate Service, specified number of seats have been reserved for physically handicapped persons, specified number of seats have been reserved for ex-serviceman, then specified number of seats have been reserved for outstanding athletes, and specified number of seats have been reserved for departmental candidates. Obviously all these reservations have to operate horizontally, and at par.” In view of the Division Bench judgment of this Court in the case of RPSC Vs. Rameshwar Ram Chhaba (supra) the petitioner is not at all entitled for any relief as claimed. The petition for writ is dismissed accordingly. (GOVIND MATHUR), J. Jgoyal