Petitioner challenged appointment of OBC candidate Deependra in unreserved Personnel Officer post at JVVNL, arguing he had higher total marks than UR cut-off. Court rejected claim citing relaxation rules.
Writ petition was dismissed; appointment of OBC candidate Deependra remains valid.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 3182 / 2011
Dilip Makwana S/o Shri Narayan Das Makwana, aged 27 years, R/o C/o Girdhari Lal Sen, House No.620, Sector 18, Chopasani Housing Board, Jodhpur (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Mukesh Rajpurohit with V.R. Choudhary For Respondent(s) : Mr. Vipul Dharnia
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/05/2018
“(i) The Annxure 5 adopting improper reservation method may kindly be declared illegal and be struck down while quashing setting aside the same; and
(ii) The respondents may kindly be directed to give appointment to the petitioner on the post of Personnel Officer in the office of respondent No.3 i.e. JVVNL while counting the seniority of the petitioner from the date of appointment of similarly situated candidates.
(iii) Any other appropriate relief(s), which this Hon’ble Court deems just and
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proper in the facts and circumstances of the case, may kindly be granted in favour of the petitioner.
(iv) The writ petition of the petitioner may kindly be allowed with costs.”
initiated for appointment on the post of Personnel Officer in pursuance of the advertisement dated 01.12.2010.
Date: 24.03.2011
Personnel Officer -UR-04 (JVVNL)
| S.No. | Roll No. | Name | Category | Gender | Date of Birth | Total marks obtained |
|---|---|---|---|---|---|---|
| 1 | 20291 | Cinu Sebastian | UR | Female | 18-12-1978 | 175 |
| 2 | 20682 | Lalit Mohan Sharma | UR | Male | 27-3-1982 | 171 |
| 3 | 20654 | Kirti Paliwal | UR | Female | 30-1-1988 | 168 |
| 4 | 20769 | Manish Kumar Agarwal |
UR | Male | 18-12-1983 | 165 |
| Personn S.No. |
el Officer-O Roll No. |
BC-01 (JVVNL) Name |
Category | Gender | Date of Birth | Total marks obtained |
| 1 | 20331 | Deependra | OBC | Male | 14-4-1973 | 175 |
Personnel Officer -OBC-01 (JVVNL)
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have migrated to Personnel Officer Unreserved Category over and above the selected candidates in the Unreserved Category.
“ Section -C: (Max. 50 Marks)
Concept of Personnel Management and role of a Personnel Officer in an Industrial Organization Labour Welfare, Social Security/Insurance. Safety measures, Wages Policy, Working Conditions, Industrial Development, Trade Union Movements, Collective bargaining functions of JMC and its role etc.
Male candidate of unreserved category is required to secure at least 75 marks (50%) in each paper individually. SC/ST/OBC/BC/SBC and female candidates shall be allowed 10% relaxation i.e. they will have to secure at least 60 marks (40%) in each individual paper.
Note:- There shall be no interview. Successful candidates, equal to number of vacancies under each category shall be called for verification of documents in order of merit prepared on the basis of total marks obtained by the candidates in the written competitive examination.”
| SL No. in General Merit List |
Name, Roll No. & Category applied |
Marks obtained in Paper-I |
Marks obtained in Paper-II |
Total marks obtained |
Selection post with category |
|---|---|---|---|---|---|
| 04 | Deependra 20331 (OBC) |
70 | 105 | 175 | PO in Jaipur Vidhyut Vitran Nigam Ltd. under OBC cat. |
| 05 | Cinu Sebastian 20291 (UR) |
75 | 100 | 175 | PO in Jaipur Vidhyut Vitran Nigam Ltd. under URcat. |
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marks in Paper-I prescribed for Unreserved Category and has secured only 70 marks in Paper-I and thus, has taken concession/relaxation prescribed for OBC in Paper-I.
“50. In any event the entire issue in the present appeals need not be decided on the general principles of law laid down in various judgments as noticed above. In these matters, we are concerned with the interpretation of the 1994 Act, the instructions dated 25.03.1994 and the GO dated 26.2.1999. The controversy herein centres around the limited issue as to whether an OBC who has applied exercising his option as a reserved category candidate, thus, becoming eligible to be considered against a reserved vacancy, can also be considered against an unreserved vacancy if he/she secures more marks than the last candidate in the general category.
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of fees in the competitive examination or interview and relaxation in upper age limit.
Soon after the enforcement of the 1994 Act the Government issued instructions dated 25.03.1994 on the subject of reservation for Scheduled Caste, Scheduled Tribe and other backward groups in the Uttar Pradesh Public Services. These instructions, inter alia, provide as under:
(DR. PUSHPENDRA SINGH BHATI)J.
/zeeshan/
2 issues framed by the court
Whether an OBC candidate appearing in unreserved category with relaxation in qualifying marks can be migrated to unreserved vacancy against UR candidates.
Whether a reserved category candidate selected on basis of merits can be adjusted against unreserved vacancies if they secured more marks than the last general category candidate.
Colour shows how this judgement treated each authority
JITENDRA KUMAR SINGH & ANR. VERSUS STATE OF U.P. & ORS.Applied¶46
Jitendra Kumar Singh & Anr. Vs. State of U.P. & Ors., (2010) 3 SCC 119 · Who else cites this
2 provisions across 2 enactments
DILIP MAKWANA
RAJASTHAN RAJYA VIDYUT PRASAN NIGAM LIMITED
AJMER VIDYUT VITRAN NIGAM LIMITED
JAIPUR VIDYUT VITRAN NIGAM LIMITED
MANISH KUMAR AGARWAL
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
