1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.2176/2002. : : Smt. Geeta Mahawar Vs. State of Rajasthan & Anr. : : Date of Order 11.11.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Tanveer Ahmed for Mr.B.Bagri for the petitioner. Mr.Hemant Gupta, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. This writ petition was filed way back on 1.4.2002 aggrieved by non-selection of the petitioner on the premise that while making appointment on the post of Teacher Grade-III, candidature of the petitioner has been illegally ignored. The petitioner applied for appointment on such post in response to advertisement No.11/98 (Annex.1) dated 13.6.1998 issued by Zila Parishad, Bundi. The petitioner belongs to Scheduled Caste category. The respondents in making appointment on the post of Teacher Grade-III even have treated to such of the candidates belong to Scheduled Caste category who secured merit position within the General category. 2 Learned counsel for the petitioner submitted that with regard to this very selection, a candidate of Scheduled Caste filed writ petition being SB Civil Writ Petition No.501/2001 : Mahendra Kumar Vs. State of Rajasthan & Anr., which was allowed by judgment of this Court on 30.1.2002 directing the respondents to make an exercise of adjusting the Scheduled Caste candidates even if they fall in the merit of General category candidates as General candidates in accordance with their reserved quota keeping in view the roster point. It was a general direction which the respondents not complied yet. Learned counsel for the petitioner submitted that marks secured by the petitioner were 72.776% and the last candidate in General category secured 81.850% marks and five Scheduled Caste candidates, last of whom secured 83.328% marks was not included in General category. Had those candidates included in General category, number of petitioner in merit list would have been correspondingly pushed up entitling him to appointment against the reserved seat for Scheduled Caste. The respondents in reply to the writ petition have not denied these facts especially the fact regarding above referred to judgment about very same recruitment held by 3 Zila Parishad. The submission of the learned counsel for the petitioner is liable to be upheld in view of the judgment laid down in the case of Mahendra Kumar (supra). In the result, this writ petition is allowed. The respondents are directed to consider case of the petitioner by treating five Scheduled Caste candidates within General category, who has been selected in General quota and if accordingly the case of the petitioner comes within the merit of such candidates, who are entitled to appointment against the quota of Scheduled Caste, grant him appointment within a period of three months from the date copy of the judgment is produced before the respondents. The petitioner however shall be entitled to notional benefits for the intervening period from the date last candidate pursuant to the selection process in question was appointed. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.30.