SBCWP6215/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.6215/2010 Yogendra Kumar Sharma Vs. State of Rajasthan and Another Date of Order ::: 03.05.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Rajendra Soni, Counsel for petitioner #### By the Court:- Contention of learned counsel for petitioner is that petitioner applied for appointment on the post of Ayurved Chikitsak pursuant to advertisement dated 15.09.2007. It was a short term advertisement for filling up the posts of Ayurved Chikitsak on urgent temporary basis. Since the appointments were to be made in emergent circumstances, the Government, in the event of non- availability of candidates from reserved category, could not keep the posts vacant and should have rather offered such appointment to candidates belonging to general category like the petitioner. Learned counsel submitted that in the matter of recruitment held immediately prior to recruitment in question, the Government transferred the post from reserved category to general category keeping in view the fact that candidates from reserved category were not available. Learned counsel further submitted that there is a circular SBCWP6215/2010 // 2 // to that effect issued by the Department of Personnel of the Government of Rajasthan. If that be so, petitioner should approach the respondents by way of representation, and the respondents, on their turn, shall consider his grievance keeping in view such Circular issued by the Department of Personnel. This Court by positive order cannot require the respondents to relax the rules or to deviate from the quota. If the respondents decide not to fill up the post on account of non-availability of candidates from reserved quota or if they decide to make appointment of candidates belonging to general category against the posts meant for reserved quota due to non-availability of candidates in that category, it is absolutely the discretion of the Government. If any representation is made, the competent authority i.e. the respondent No.1, shall take appropriate decision thereon on the question of relaxation as aforesaid, within a period of two months from the date of its making. Writ petition accordingly stands disposed of. (Mohammad Rafiq) J. //Jaiman//