CW 4689/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** 1-Civil Writ Petition No.4689/2006 Meenakshi Patel Versus State & Ors 2-Civil Writ Petition No.4688/2006 Sangita Choudhary Versus State & Ors Date of Order ::: 10/02/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Nawal Singh for Mr. Pratap S.Sirohi, for petitioner Mr. Chetan Bairwa, Addl. Govt. Counsel, for respondents. At request, since both these petitions involve common controversy, hence are being disposed of by this order. Instant petitions have been filed by petitioners who being members of OBC category applied for the post of Nurse Gr.II, with the grievance that despite being higher in order of merit in women general category, they were deprived of appointment. Posts of Nurse Gr.II were advertised vide notification dt.31/07/2003 (Ann.6) – pursuant to which petitioners being members of OBC category also applied for as woman candidate; and participated in process of selection. However both of them secured 62.481 & 62.54 marks respectively and despite being higher in order of merit were not considered for appointment to the post of Nurse Gr.II. Hence these petitions. In the reply, respondents inter-alia CW 4689/06 //2// averred that last cut-off percentage of marks in merit list of woman candidates of OBC category remained 63.321 and as per additional affidavit filed by respondents, last cut-off marks of women candidates in general category was 60.012 and as regards petitioners, they are members of OBC category (women) and no one lower in order of merit in their category were considered for appointment. It has been brought to the notice of this Court that very controversy as raised herein arising out of self-same advertisement dt. 31/07/2003 has been examined by a co-ordinate Bench at principal seat Jodhpur in CWP-784/04 decided on 14/12/04 – on the basis whereof, this Court in CWP-6278/03 (Kiran Sharma & Anr Vs. State) vide order dt.17/02/06 concurred with the view that so far as filling of vacancies which are open and available for all irrespective of class/ category, are to be filled from general quota. No doubt, petitioners do not fall within OBC (women) category, but certainly their right of fair consideration in general and open women category have been deprived to them. It is not disputed by respondents that both the petitioners secured higher percentage of marks in comparison to last candidate in women general category who was CW 4689/06 //3// considered for appointment to the post of Nurse Gr.II pursuant to advertisement dt.31/-07/03 (Ann.7). In view of what has been observed by this Court in CWP-6278/03 (Kiran Sharma & Anr Vs. State) vide order dt.17/02/06 and in CWP-784/04 decided on 14/12/04 at principal seat Jodhpur, these petitions succeed and are hereby allowed. Respondents are directed to consider petitioners for appointment to the post of Nurse Gr.II from the date candidates lower in order of merit were appointed pursuant to advertisement dt.31/07/03 (Ann.7). Compliance be made by respondents within two months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.3/4689CW06(2)-10Fb.doc