CW 2490/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. CIVIL WRIT PETITION NO.2490/07 Dr. Dharm Raj Meena & Ors. Versus State & Ors. DATE OF ORDER :: 15/05/2007 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Ashok Bansal, for petitioners Mr. R.A. Katta ] Mr. M.C. Taylor ] for respondents Mr. Rajeev Surana ] Mr. Manish Bhandari ] *** Instant petition has been filed by members of SC/ST who appeared in Pre-PG Entrance Examination in non-service category and one of their grievances which has been raised in the instant petition is that unfilled vacancies of SC/ST reserved for in-service candidates be made available for non-service SC/ST candidates. The State Government in its order Ann.3 dated 29th April, 2002 has directed the University and proposed an amendment under Ordinance 278 E & G – relevant part whereof is ad infra: "सी.ए.एस. पी.जी. [इन िस र्वस] की अनुसूिचत जाती एवं जन जाती की सीटें जो भरने के बाद िरक् त रह जाती हैं तो शेष िरक् त रही सीटें सामान् य वगर् के अनुसूिचत जाती एवं जन जाती के ूत् यािशयों से भरी जावेगी न िक सामान् य वगर् के छाऽों से ।" Reply has been filed by respondents and it has been very categorically stated in Paras 6 & 7 that what has been proposed by Government in its order Ann.3 dated 29th April, 2002 has been accepted and approved by Syndicate of University CW 2490/07 [2] of Rajasthan ad infra: “That the contents of Para No.6 of the writ petition are not admitted as stated. However it is correct that annexure-3, proposing amendments in Ordinance 278 E and 278 G, was received with annexure-4. The proposed amendment was approved by the Syndicate of the Rajasthan University and the said ordinances were amended accordingly. The proposed amendment reads as follows: "सी.ए.एस. पी.जी. इन िस र्वस की अनुसूिचत जाती एवं जन जाती की सीटें जो भरने के बाद िरक् त रह जाती हैं तो शेष िरक् त रही सीटें सामान् य वगर् के अनुसूिचत जाती एवं जन जाती के ूत् यािशयों से भरी जावेगी न िक सामान् य वगर् के छाऽों से ।" The above amendment nowhere stipulates that unfilled seats of reserved category of in service category shall be filled by only be filled in by the reserved category of non service category. Rather it speaks that unfulfilled seats would be filled in by the candidates belonging to S.C. And S.T. in general category however, as a matter of practices after counselling has taken place regarding seats reserved for in service candidates, the unfilled seat reserved for S.C. and S.T. are offered to S.C. And S.T. candidates belonging to non service category when counselling for CW 2490/07 [3] seats earmarked for non-service category takes place. Thus the respondent have taken every care to protect the interest of the petitioners and other S.T and S.C. candidates without causing any prejudice to them”. In view of Paras 6 & 7 of reply filed by respondents, this court is of the opinion that the present writ petition does not require any adjudication and accordingly, in above terms, the same stands disposed of. [AJAY RASTOGI],J. FRBOHRA,JR.P.A.