IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.1172 of 2011 (O&M) Date of decision : 9.12.2011 Kiran ....Petitioner Versus The State of Haryana and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Jagbir Malik, Advocate for the petitioner. Mr.Harish Rathee, Sr.Deputy Advocate General, Haryana for respondents No.1 and 2. Mr.H.N.Mehtani, Advocate for applicant-respondent No.3. ..... MAHESH GROVER, J. C.M.No.15828 of 2011 Notice of the application. Mr.Harish Rathee, Sr. Deputy Advocate General, Haryana accepts notice on behalf of respondents No. 1 and 2 and Mr.Jagbir Malik, Advocate accepts notice on behalf of the petitioner. The instant application has been moved for recalling the order dated 24.5.2011 on the ground that the facts of the instant case are distinguishable from those cases which had been disposed of by a judgment passed in CWP No.767 of 2011. It may be noticed that a bunch of petitions was disposed of on 24.5.2011 and the primary C.W.P.No.1172 of 2011 (O&M) -2- controversy raised in those petitions was that the petitioners were entitled to be considered for the selection process as they being female candidates were entitled to the benefit of horizontal reservation in the selection. The prayer had been accepted. It has now been pointed out by the learned counsel for the applicant-Commission that the petitioner would not be covered by the said judgment for the simple reason that she belongs to Backward Caste category to which the horizontal reservation may not be applicable. Learned counsel for the non-applicant/petitioner candidly concedes that the facts of the case as set up in the application are indeed correct. Having regard to the aforesaid, I am of the opinion that the order dated 24.5.2011 vis-a-vis the case of the petitioner deserves to be recalled. Ordered accordingly. C.M. stands allowed. C.W.P.No.1172 of 2011 The parties are agreed that the case of the petitioner is squarely covered by the judgment rendered by this Court in C.W.P.No.3280 of 2011 titled 'Rajesh Shektu v. State of Haryana and others'. In view of the aforesaid, the instant petition is disposed of in the same terms as in C.W.P.No.3280 of 2011. 9.12.2011 (MAHESH GROVER) JUDGE dss