IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). OF 2023
(Arising out of SLP(C) No.16428 of 2022)
SAKSHI ARHA ….APPELLANT(S)
VERSUS
THE RAJASTHAN HIGH
COURT & OTHERS ….RESPONDENT(S)
WITH
CIVIL APPEAL NO(S). OF 2023
(Arising out of SLP(C) No.1829618299 of 2022)
CIVIL APPEAL NO(S). OF 2023
(Arising out of SLP(C) No.21644 of 2022)
CIVIL APPEAL NO(S). OF 2023
(Arising out of SLP(C) No.19179 of 2022)
CIVIL APPEAL NO(S). OF 2023
(Arising out of SLP(C) No. 9544 of 2023)
CIVIL APPEAL NO(S). OF 2023
(Arising out of SLP(C) No.5654 of 2023)
J U D G M E N T
Rastogi, J.
1. Leave granted.
2. The present batch of appellants before us are the members of Other Backward Classes (NonCreamy Layer i.e., NCL); More Backward Class (NCL) and from the category of Economically Weaker Section (EWS), finally qualified in the selection process held for the post of Civil Judge pursuant to an advertisement issued by the respondent dated 22nd July 2021 but they have not been considered in the category to which they belong for the reason that the certificate of the category which was furnished by each of the appellants is subsequent to the last date indicated in the advertisement, i.e., 31st August 2021 and each of them, unfortunately, could not qualify in the open category, filed a writ petition under Article 226 of the Constitution that came to be dismissed by the Division Bench of the High Court, which is the subject matter of challenge before this Court.
3. The brief facts of the case emanate from the record are that the post of Civil Judge to which we are concerned is included in the Schedule appended to Rajasthan Judicial Service Rules,2010 ](hereinafter being referred to as the “Rules, 2010”) and is to be filled up only by direct recruitment based on the result of competitive examination conducted by the recruiting authority as provided under Part IV of the Rules, 2010. 4. Apart from the method of recruitment, it may be noticed that the reservation is being provided to the members of Scheduled Castes/Schedule Tribes/Other Backward Classes/More Backward Classes/Persons with Disabilities and Women Candidates under Rule 10 of the Rules, 2010. With the stipulation under Rule 10(2) & (5) that in the event of nonavailability of suitable candidates amongst OBC/MBC in a particular year of recruitment, the vacancies so reserved for them shall be filled by the normal procedure and such of the unfilled vacancies be carried forward to the subsequent recruitment year.
