^J- ^l IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.} W.P.S No.?:?..5:3...../2011 Seema Ukey, D/o Shri Ram Bilas Ukey, Aged about 24 years, R/o Village Karethi, Post Atergaon, Tahsil Chhuriya, District Rajnandgaon (C.G.) PETITIONER: , •^y^y^ .••* ,.^-""« ^ <<''...-•••••" VERSUS RESPONDENTS: 1. State of Chhattisgarh Through the Secretary Department of Panchayat and Rural Development, D.K.S. Bhawan, Mantralaya, Raipur (C.G.) ^' 2. Zila Panchayat Rajnandgaon Through the Chief Executive Officer, Janpad Panchayat Janjgir, District Janjgir (C.G.) 3. Janpad Panchayat Mohla Through the Chief Executive Officer, Janpad Panchayat Mohla, Disfa"ict Rajnandgaon (C.G.) PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRITS OF MANDAMUS AND CERTIORARI AND FOR OTHER SUITABLE WRrTSAND^DIRECTIONS:- BHAVANA PALi ADOCATE XI-HC—78 wncn ti»tnct» Tsr'^TPTI^R, ^til'iH^Ko, f®i<ni-Mli,< ^f.G)\^ .s'ss^/?! IW"----""—'"----""""""^ 200 3TT^TTr5RT(^<<<^) ^TT^r'^if^N' ^T^T ^TT^T sft^i^) ^ ^TciTW^rftc? 3^T^T 8B: Muii'bte Sliii Manintira Moharrt 12-05-2011 t^e Shri Jitendra Pali, counsel for Shri N. Naha Roy, Panel Lawyefr The grievance ofthe petitioner, | jthe matter of appointment of Shiteha| jcontrol of Janpad Panchayat, M< Ireservation, on horizontal and jthough the reservation under C.G. jAppointment ofWomen) Rules, 1997 jthat there shatl be reservation of 30% IState in favour of women, at the ste^ Ireservation shail be horizontal or (the Rule 6 (5) of the Rules of C.G. jand Condjtions of Service) Rules, Iprovided that reservations shall be IState Government Rules. Referring to the averments jScheduled Caste categbry the poste | japplying percentage of reservationj (atieast one post ought to be reserved| jpetitioner further states that the |and based on the marks obtained, ifl |horizontal basis, the petitioner woul<] jsubmitted that representation jExecutive Officer of Janpad Panchayal) 20(^7 cM^kl^tl ^TPT^if "^f 'fe^t <f^t^l< ^3ffiW3?T^T hrlvastava^t: petitioner. for the State/ respondent No.1 . |ventilated throi^h ttiis petition is that in Karmi Grade-IIJ in schools, under the ^hla, Disfrict Rajnandgaon, women comriartmentwise, has not been provided ICivil Services (Special Provision for ^for short "the Rules of 1997") provide for all posts in the service under ttie $e of direct recruitments and the said complartmentwise. It is submitted that under F|anchayat Shiksha Karmi (Recruitment (for short "the Rutes of 2007"), it is nkade for women as menfioned in the macje in ttie petition, it is stated that in ttie Ihave been earmarked and therefore, horizonteJly and compartmentwise, for women. Learned counset for the petitiorler participated in the selection process one seat for women is allocated on be entitled for appointment. It is (Annexi|re P/10) has teen macte to the Chief the same has not been considered tiil ^- ^T'^. /^^- '^ f^,»1 ^^ 'IK ^^^^' "^^^&^^-"^ -HC-22 ^T ~3~^[ ^tt<4ld<Ll, ^Ti1^ji<o, [®i<ni<-}^< STT^T ip^ to>P- (^')\^o-^S^3]ll "^ 200 ^IN^T^Wch" "f^^sr' ^TT^T'^T h.^ eni^r 5b^i<=h ITfic? Deepti cni^ll<n<fl'1 'RTR^f ^ f^st ^psl^K '^'srf^TH^T^T date. The provisions contained in t|ie Rutes of 1997 and the Rutes of 2007 cleariy provides for women reser^ation to the extent provided under ttie Rules. The authorities are required| to consider petitioner's representation in accordance with law and take ai)propriate decision wi&i regard to the reservation of women. The decSsioiji on the reservation ofthe petifioner shall be considered by respondent No.3-|janpad Panchayat Mohla, withln a period of one month from the date of receirft of copy ofthis order. Tilt that decision is taken, ohe post, which is stUI lying vacant in the scheduled caste category, shall nc|t be filled up. The petifioner may make fresh representation along with the In case, the petitioner is ag< liberty to take recourse to remedy a| With the aforesaid observati<| ^opy of this order. ^rieved by the decision, she would be at ^ainst the said order. >ns, the petition is finally dlsposed off. Sd/- Manindra Mohan Shrivastava Judge ? 'ftA ^'P'T'J