SBCWP NO.5713/97. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.5713/1997. Sanjay Rathore Versus State of Rajasthan & Ors. Date of Order:- February 3, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Abhishek Sharma for the petitioner. Shri M.F. Baig, Deputy Government Counsel. ***** BY THE COURT:- This writ petition was filed by the petitioner way back in the year 1997 challenging the validity and correctness of the government circular dated 17/6/1996 to the extent it directed that reserved category viz. SC/ST and OBC who can be selected in general merit should be appointed against the general quota. Learned counsel for the petitioner has argued that this tantamounts to giving the employees double advantage by considering them against the general posts as also against reserved posts. Learned submits that while there SBCWP NO.5713/97. 2 is a restriction of number of candidates called for appointment viz. three times, of number of vacancies, there was no such restriction in the case of reserve category candidates. Action of the State has thus resulted in hostile discrimination against the petitioner and similarly situated candidates. I am afraid, argument raised by the petitioner runs contrary to the constitutional Bench judgment of Apex Court in Indira Sawhney's case. Policy decision taken by the State for filing up the reserved post and in providing that candidates who get selected in general merit despite the fact that they belong to the SC/ST/OBC, would nevertheless be treated to have been selected in general merit. I, therefore, do not find any merit in this writ petition, which is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil