IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWPs No. 306, 307 and 309 of 2010. Decided on: 19th July, 2010. 1. CWP No.306 of 2010. Jyoti Ram. Vs. State of H.P. & anr. 1. CWP No.307 of 2010. Pankaj Kumar. Vs. State of H.P. & anr. 2. CWP No.309 of 2010. Rakesh Kumar. Vs. State of H.P. & anr. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioners : Mr. Ajay Kumar Sharma, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioners are aggrieved since they are not selected for appointment as Radio Mechanic. As per advertisement dated 1.7.2008, 12 posts of Radio Mechanic were advertised to be filled up as follows: 1. General (unreserved) - 6 2. IRDP - 1 3. OBC (unreserved) - 2 4. SC (unreserved) - 3 2. According to the petitioners, two candidates who had applied for Scheduled Caste (unreserved) category had been adjusted against the General category and had those candidates been accommodated against the SC category, the 2 petitioners would have been adjusted in the General (unreserved) category. It is further submitted that the petitioners had paid application fee only for selection as SC candidates and hence they cannot be treated as general candidates even if they have merit. Special reference is invited by the learned counsel for the petitioners to para 21 of Annexure P-5 – “Instructions for filling up the application form”, wherein it is stipulated that “the candidate must specify the category under which he is applying if he/she fails to do so then he/she shall be deemed to be belonging to the general category. The status or category of the candidate shall be one mentioned in the application form on the date when the application is made and shall not be allowed to be changed subsequently.” 3. In the instant case, those candidates who belonged to SC category did not request for the category change. When there is open selection, even the candidates belonging to the reserved category are entitled to compete against the others in the general category and in case they are otherwise meritorious, they shall not be adjusted against the reserved category. That is the well settled position. (See: R.K. Sabharwal and others vs. State of Punjab and others, AIR 1995 SC 1371). The concession in the application fee is only for the candidates, who belonged to a community to whom such concession is given. That does not disentitle the candidate to compete against the open merit candidate in the unreserved category. Thus, there is no merit in the writ 3 petitions and they are accordingly dismissed, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 19th July, 2010 ( Justice Kuldip Singh), (tr) Judge.