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1 - 10 of 20 (0.57 seconds)Smt. Megha Shetty vs State Of Raj. & Anr on 26 July, 2013
"6. The Division Bench of this High Court at
Jodhpur in Smt. Megha Shetty vs. State of
Rajasthan 2015 Volume (1) WLC (Rajasthan) 761
has already dealt with exactly the same issue
raised in the present bunch of appeals. The
Division Bench relying upon the above-referred
decisions of the Supreme Court has held that in the
event of woman candidate belonging to OBC category
on securing more marks than the woman candidate
of general category finds a position in the select list of
candidates of general category, the same cannot be
treated as migration. And this decision of the
Division Bench is binding on us with which we
also fully agree. It is also to be noted that none of
the writ petitioners/respondents herein who are
women of general category has secured more marks
than the women candidate of OBC category selected
in open category. The select list of women candidates
prepared by the Rajasthan Public Service
Commission is strictly in accordance with the law
explained by the Supreme Court. ..."
Article 309 in Constitution of India [Constitution]
The State Of Madras vs Srimathi Champakam Dorairajanandthe ... on 9 April, 1951
58. The converse, however, is not true. All women, irrespective
of whether they belong, or do not belong, to the reserved
category are entitled to compete for posts earmarked in favour of
women under the General Category. There is no reservation for
posts in the General Category, and horizontal reservation in
favour of women in the General Category is available to be filled
up from amongst all women irrespective of their caste status.
The posts, reserved in favour of General Category (Women), are
available for all women from the State of Gujarat, and that would
include women belonging to the reserved categories such as
OBCs, SCs and STs, and women who do not. Holding otherwise,
would result in surreptitious introduction of reservation in
favour of those who do not belong to the socially and
educationally backward classes, and a disguised attempt at
communal reservation has been frowned upon by the Supreme
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Court in The State of Madras Vs. Sm. Champakam Dorairajan
and another : AIR 1951 SC 226.
Public Service ... vs Mamta Bisht And Ors on 3 June, 2010
47. Unfortunately, before the learned single Judge, at the time
of hearing of the original writ petitions, a larger canvas of various
aforesaid judgments of the Supreme Court as well as other High
Courts, was not availed of. Further, the judgments of the
Supreme Court in case of Rajesh Daria (supra) and Mamta Bisht
(supra), were read and understood in a particular manner, and
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accordingly, the arguments were advanced on behalf of the State
in favour of the aforesaid GR dated 01.08.2018.
Anil Kumar Gupta, Etc vs State Of Uttar Pradesh And Ors on 28 July, 1995
33. The Supreme Court in the case of Anil Kumar Gupta vs.
State of U.P., reported in (1995) 5 SCC 173 (rel.
Neelam Sharma vs State (Panchyati Raj Dep)Ors on 11 May, 2012
39. The High Court of Rajasthan in the case of Neelam
Sharma vs. State of Rajasthan, reported in 2015 SCC OnLine
Raj 1391 (rel. paras 2 and 6), has held as under:
Asha Ramnath Gholap vs President, District Selection ... on 30 March, 2016
41. The Bombay High Court in the case of Asha Ramnath
Gholap vs. The President, District Selection Committee /
Collector, reported in 2016 SCC OnLine Bom 1623 (rel. paras 4,
29 to 34), has held as under:
Charushila Tukaram Chaudhari And ... vs The State Of Maharashtra And Another on 8 August, 2019
43. The High Court of Bombay in the case of Charushila vs.
State of Maharashtra, reported in 2019 SCC OnLine Bom 1519
(rel. paras. 3, 5, 32, 33, 39 and 49), has held as under:
R. K. Sabharwal And Ors vs State Of Punjab And Ors on 10 February, 1995
44. Thus, Social reservations in favour of SC, ST and OBC
under Art. 16(4) are 'vertical reservations.' Special reservations
in favour of physically handicapped, women etc., under Art.
16(1) or 15(3) are 'horizontal reservations.' Where a vertical
reservation is made in favour of a backward class under Art.
16(4), the candidates belonging to such backward class, may
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compete for non-reserved posts and if they are appointed to
the non-reserved posts on their own merit, their numbers will
not be counted against the quota reserved for the respective
backward class. Therefore, if the number of SC candidates,
who by their own merit, get selected to open competition
vacancies, equals or even exceeds the percentage of posts
reserved for SC candidates, it cannot be said the reservation
quota for SCs has been filled. The entire reservation quota will
be intact and available in addition to those selected under
Open Competition category. (Vide Indira Sawhney (supra); R.
K. Sabharwal v. State of Punjab (1995 (2) SCC 745); Union of
India v. Virpal Singh Chauvan (1995 (6) SCC 684) and Ritesh R.
Sah v. Dr. Y. L. Yamul (1996 (3) SCC 253)]. But the aforesaid
principle applicable to vertical (social) reservations will not
apply to horizontal (special) reservations. Where a special
reservation for women is provided within the social reservation
for Scheduled Castes, the proper procedure is first to fill up the
quota for Scheduled Castes in order of merit and then find out
the number of candidates among them who belong to the
special reservation group of 'Scheduled Castes-Women.' If the
number of women in such list is equal to or more than the
number of special reservation quota, then there is no need for
further selection towards the special reservation quota. Only if
there is any shortfall, the requisite number of Scheduled Caste
women shall have to be taken by deleting the corresponding
number of candidates from the bottom of the list relating to
Scheduled Castes. To this extent, horizontal (special)
reservation differs from vertical (social) reservation