Gagandeep Singh And ORS v. State Of Punjab And ORS
!
"
#
! !
"#$#%&
$ # %
'()
$ * & '((' !
" !
'
( ) *
"
(
& +
, -
mandamus
.
&&
)
-/
/ !
" )&
) 0#
/ 1# & ' 0
'# & 1 / /
,
certiorari/ 3 &"
4
5 0(
1 -
"3
& &
"3
/ * &3'
)
7 8 0(
1 - &&
9
$
' & ';
+$& +&,- +$&$ #$#".#/ 0+"
+1#% .
$
8+ 9
.
$ &;
+ 5 ,
& 0(
1-
"&
"3
"
)
6
(
&
- &
-
& &&' - &3 +
/
(
+) -
$ & &;
'
&
/<-
'
,
"
' 5) $
8+) $ & &;
&3 ) ' -
'
'
"& < '
-
!
8 =
&
"/
"
) )
7 80(
1'
# & # & 5
# & &&-
-/
88>'
/
? -
'
5>
"
-/ -
$
5 >-
$ & &;
=
& "/
"
4 & <
# &
# &
"& 3
'
4
"
&& "3
# &
&
)
5. 8 50(
1& "3
&
-
2& &3
-
)
$
)
'# & +
# & &
&
@ 3
4
& 3
" &
# & 5 =
&
) /
@
5 0(
1'
+ 8
/
-
9
'
"
"
@
&
.
<-
'
3
"
+ 8 $
)
' &3 8
/-
$ & &;
5) &3 +
8+
$
9
&&'
'4
@
/ Per contra' &
&
;
= &)
/ &
&3"3- 3 ) 6
-
# % & 'A
3 )
/ !
"'
= )
/ "
&
; '
@
<
"/
'
&
9
"3
;8
2
& *
& &
& !
"
#
'
@
8'
3
&& " "3
&
-
"
)6 &-
$%$ $
&"
#
'(
$
)
' $ $ )
*+
, -
@
.)
-/ &
&3
, " &3'
)
'
- &
3
/'- - &
& /& -
)88>
-/ <-
&
)
&38
$ & &
+$
!3 !
!
!
+ < )
&
&
-
"&
'
) # &
"
!
" .
" xxx xxx xxx
(3) /
" -
++
+. .
+ +
0- . 1
++
" ++
.
0
.
" ++
++
-
.
"
.
.+ . Example. If there are 200 vacancies and fifteen percent are reserved for Schedule Castes and twenty seven percent for Other Backward Classes under vertical reservation; and thirty three percent are reserved for women under horizontal
reservation, then, there are 116 seats in Open Category, thirty seats for Schedule Castes and fifty four seats for Other Backward Classes under vertical reservation. Since, thirty three percent seats in each vertical is the reservation quota for women, i.e. thirty eight seats for Open Category women, ten seats for Schedule Caste women and eighteen seats for Other Backward Classes women.
Step 1. Candidates shall have to be first listed in accordance with merit, from out of the successful eligible candidates, in their respective vertical categories.
Step 2. As such, thirty posts are reserved for Schedule Castes (of which the quota for women is ten), Schedule Caste candidates shall have to be first listed in accordance with merit, from out of the successful eligible candidates. If such list of thirty candidates contains ten Schedule Caste women candidates, then there is no need to disturb the list by including any further Schedule Caste women candidates.
On the other hand, if the list of thirty Schedule Caste candidates contains only eight women candidates, then the next two Schedule Caste women candidates in accordance with merit, will have to be included in the list and corresponding number of candidates from the bottom of such list shall have to be deleted, so as to ensure that the final list of thirty selected Schedule Caste candidates contains ten women Schedule Caste candidates. But if the list of thirty Schedule Caste candidates contains more than ten women candidates, selected on own merit, all of them will continue in the list and there is no question of deleting the excess women candidates on the ground that Schedule Caste women have been selected in excess of the specified internal quota of ten. Step 3. Repeat this exercise for each vertical to fill vacancies.
xxx xxx xxx 0 -
.
+ .
If any difficulty arises in giving effect to the provisions of these rules, it shall be referred to the State Government in the Department of Personnel, whose decision thereon shall be final." 0 /
1
,
)
9
.
$
+)
9
.
$ & &;
) )
7 80(
1 8+
-
$
'
5
/$ & &;
,
&3 + 8
/
$ &
$ &;
'
&3<-
' &&
"
(
) 7 *
/
"3&
&
;
"
"3
"
-
&
&55
)
-
- & &)
)
39
'# & 081# & &&3 "
3
& @
' &
)
"
&& /
-
4
9
&&'
&
/
@
5 0(
1
'= )
/
' !
"
/
) -
# & "
&/
"3&3
&
"
' )
/ &)
'
/ "
&& -
' " 3
( )
4$$ % ,
531
@
B $$ % /
' /
&&- "
C3. Having heard the learned counsel, we are of the view that the aforesaid contention which has again been raised before us was rightly rejected by the learned Single Judge. / ++ +
.
"
.
.
+ + +
..3 . +
++
6 "
The direction issued by the learned Single Judge are consistent with the principles of equality laid down in Articles 14 and 16(1) of the Constitution. The post of Lecturer in Hindi has to be offered to the most meritorious candidate who may be next in the merit after Vinod Kumar under the exserviceman category. Therefore, no exception is provided to interfere in the view taken by the learned Single Judge. The appeal is wholly without merit and does not warrant admission. Accordingly, the appeal fails and the same is dismissed." 0 /
1 * '
&
4
@
&&
55
"& 3
*
&&' -
'"
! &"
@ ' &3
/') -
3
4
"
!
,) -
")
&&- *
/
5 0(
1
"3
4
&&
8)
/# & / && &
01' 3'
&& &
( !
)
5
@.
.;
"& .;