1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.4555/2002. : : Smt. Ashok Kanwar Shekhawat Vs. State of Rajasthan & Anr. : : Date of Order 9.1.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Abhishek Sharma for the petitioner. Mr. S.N.Kumawat for the respondent (s). Heard learned counsel for the parties. This writ petition has been filed with a grievance that action of the respondents in reserving 31 posts out of 32 posts for Scheduled Caste, Scheduled Tribe and Other Backward Caste in relation to selection for the vacancy of 2001-02 should be declared illegal and unconstitutional. Shri Abhishek Sharma, learned counsel for the petitioner argued that there is 100% reservation for the post advertised. Learned counsel alternatively submitted that in regard to similar controversy, this Court in SB Civil Writ Petition No.2506/2001 : Lal Bahadur Sharma Vs. State of Rajasthan & Ors., it was directed that if any candidate, when the advertisement was issued, become overage shall not be 2 debarred for participating in selection process on the ground of being over age. Shri S.N.Kumawat, learned counsel for the respondents in reply to the writ petition has submitted that all the vacancies were backlog vacancies and pursuant to the Government circular dated 9.10.2000 there is bar in filling up more than 50% posts from the reserve category candidates being included the backlog posts and they are to be treated as separate vacancies pursuant to the Article 16 (4B) of the Constitution of India. In view of above, the actions of the respondents in reserving 31 posts out of 32 posts for SC & ST as backlog vacancies cannot faulted. It is further directed that in terms of aforesaid judgment in Lal Bahadur Sharma (supra), if the petitioner becomes over age he shall not be debarred for participating in selection process, if any, selection process will be held. This writ petition is accordingly disposed of. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.23.