WPSS/1501/2023
2023 Latest Caselaw 2360 UK

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                                  WPSS No.1501 of 2023
                                  Hon'ble Pankaj Purohit, J.

Mr. Vinay Kumar, learned counsel for the petitioners.

2. Mr. C.K. Sharma, learned counsel for respondent no.1/Commission.

3. Mr. Narain Dutt, learned Standing Counsel for the State.

4. Heard learned counsel for the parties.

5. By means of this writ petition, petitioners have challenged the action of the respondent no.3, in application of the reservation in the impugned selection, in which the petitioners have participated.

6. Learned counsel for the petitioners submits that petitioners' belong to EWS category and as per the law, if a candidate belongs to EWS category and he obtains more marks than the last selected candidate of the general category, she would be shifted to the general (women) category and the respondent-Commission is not applying the reservation in this way.

7. Per contra, learned counsel for respondent no.1-Commission submits that Commission is applying the reservation strictly, in accordance with law, enunciated in the case of Indra Sawhney & others vs. Union of India & others; reported in 1992 Supp(3) SCC 217 whereby any candidate of economically weaker section (in vertical reservation) obtains higher marks than the last

candidate of the general candidate, he/she are being shifted to the general category and not to the women category.

8. This contention of learned counsel for the respondent no.1-Commission has been strenuously refuted and disputed by learned counsel for the petitioner on the strength of the judgment passed by the Division Bench of this Court in the case of Uttarakhand Subordinate Service Selection Commission & another vs. Km. Ranjita Rana & another decided on 10.06.2019.

9. Having heard learned counsel for the parties, this Court finds that the matter requires deliberation and detail hearing.

10. Learned counsel for the respondent(s) prays for and is granted six weeks' time to file counter affidavit(s).

11. Thereafter, two weeks' time is granted to the petitioners to file rejoinder affidavit.

12. List this matter on 30.10.2023.

13. Considering the aforesaid facts, the respondent-Department is directed that any selection, pursuant to the impugned advertisement shall be subject to the final outcome of the writ petition.

(Pankaj Purohit, J.) 21.08.2023 AK