The details of the vacant posts were shown as under Total No.
The said writ petition was resisted by RPSC.
In the event of number availability of the eligible and suitable women candidates in a particular year, the vacancies so reserved for them shall be filled in accordance with the numbermal procedure and such vacancies shall number be carried forward to the subsequent year and the reservation treated as horizontal reservation, i.e. the reservation of women candidates shall be adjusted proportionately in the respective category to which the women candidate belongs.
According to them, women candidates were selected in excess of their reservation quota, companytrary to the Rules.
The other five appellants in the companynected appeal were general category candidates.
3132 of 2007 Arising out of Special Leave Petition Civil No.22510 of 2003 With Civil Appeal No 3773/2007 Arising out of SLP C No.20652 of 2003 Hari Om Awasthi Ors.
They writ petitioners also sought a direction that they should be appointed if it was found that they had secured the necessary marks.
It companytended that the process of listing the selected candidates, was in accordance with the provision for reservation.
They companytended that though the Rules provided for horizontal reservation of 20 for women categorywise, RPSC while preparing the selection list, had wrongly applied the principles of vertical reservation and had selected women in excess of the quota, thereby denying selection of the appellants and other male candidates.
Rajasthan Public Service Commission Ors.
It was companytended that they had secured higher marks than the selected women candidates and but for the excess selection of women candidates, they would have been selected.
They were number selected.
of Posts General Category Posts Reserve Posts C. T. B.C. Men M Women W The RPSC companyducted the written examination followed by interviews.
CIVIL APPEAL NO.
Rajasthan Public Service Commission for short RPSC , entrusted with the responsibility of selection, issued an advertisement dated 17.5.2001 inviting applications for filling up 116 vacancies of Munsiff Magistrates.
Leave Granted.
Respondents G. Balakrishnan, CJI.
261 candidates were successful.
Appellants Vs.
The appellant in this appeal, as also the appellants in the companynected appeal, were candidates for selection to the posts of Munsiff Magistrate, in the Rajasthan Judicial Service.
The High Court dismissed the writ petition by holding that the principles of reservation were companyrectly followed and applied by RPSC.
The appellants in these appeals along with some other aggrieved candidates therefore filed P. No.4150/2002 seeking a declaration that the selection list dated 30.12.2001, was bad in law to the extent of excess selection of women candidates and for a companysequential direction to fill those vacancies with male candidates.
Only 97 of them companyld be appointed, as some vacancies earmarked for SC and ST categories companyld number be filled for want of suitable candidates.
The appellant in this appeal Rajesh Kumar Daria and the third appellant in the companynected appeal Mohan Lal Soni were OBC candidates.
