SBCWP NO.2109/06. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.2109/2006. Meena Kumari Versus The State of Rajasthan & Ors. Date of Order:- May 12, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sanjeev Mehla for the petitioner. Dr. Vibhuti Bhushan Sharma, Additional Government Counsel. ****** BY THE COURT:- Learned counsel for petitioner relied on the judgment of this Court in SBCWP No.4174/2006 (Suman Vs. State of Rajasthan & Ors.) decided on 17/8/2009 and argued that controversy raised in the present case is squarely covered and despite her percentage of merit is 62.30%, her candidature who is OBC category candidate was not considered whereas female candidates in general category female with 60.012 percentage of marks have been given appointment. Similar mistake has been committed by the respondents in the case of Suman who had merit possessing 61.46% of marks, yet she was not given appointment. She assailed that action of the respondents by filing writ petition SBCWP NO.2109/06. 2 before this Court, which was allowed vide order dated 17/8/2009 with the following direction:- "In the result, writ petition is allowed. Respondents are directed to consider case of the petitioner for appointment on the post of Nurse Gr.II in the selectin process in pursuance of the advertisement dated 31/7/2003 and if she is found eligible on merit, then, respondents are further directed to give her appointment with notional benefits for the intervening period. Compliance of the judgment shall be made within a period of three months from the date, copy of this order is produced before the respondents." Learned counsel for the respondents has opposed the writ petition and submitted that appointment was rightly not granted to the petitioner as she had applied as OBC category candidate and therefore she could not be considered against the quota of general category female candidates. Constitution Bench of of Supreme Court in Indra Sawhney & Ors. Vs. Union of India {1992 Supp(3) SCC 210} has held that when a percentage of reservation is fixed in respect of a particular cadre and the roster indicates the reserve points, the posts shown at the reserve points are taken as filled from amongst the members of reserve categories and the candidates belonging to the general category are not entitled to be considered for the reserved SBCWP NO.2109/06. 3 posts. On the other hand, the reserve category candidates can compete for the non-reserved posts and in the event of their appointment to the said posts, their number cannot be added and taken into consideration for working out overall percentage of reservation. In the light of the judgment of Indra Sawhney supra, writ petition is allowed. In the result, writ petition is allowed. Respondents are directed to consider case of the petitioner for appointment on the post of Nurse Gr.II in the selectin process in pursuance of the advertisement dated 31/7/2003 and if she is found eligible on merit, then, respondents are further directed to give her appointment with notional benefits for the intervening period. Compliance of the judgment shall be made within a period of three months from the date, copy of this order is produced before the respondents. (MOHAMMAD RAFIQ), J. anil/-