The petitioner applied for the post of physiotherapist in pursuance of the advertisement dated 15.10.2012. The result has been declared on 7.10.20013. The petitioner has not been selected.
The learned counsel for the petitioner submitted that the petitioner is of a OBC category and the perusal of the selection list reveals that no female has been selected under the OBC quota and therefore the entire selection is illegal.
The learned standing counsel submitted that as per the Government Order dated 26.2.1999, 20% post was reserved for the female. Clause (2) & (3) provides that the selection made against the reserved quota of female shall be adjusted under the same category. It further provides that the female selected on merits shall be considered against the reserved quota for female. He submitted that 23 candidates have been selected. In this way under the female quota the 20% comes to about four. The perusal of the selection list reveals that more than four females have been selected which includes the OBC candidate also. Therefore, the claim of the petitioner has no substance.
I have considered the rival submissions. It would be appropriate to refer the relevant clause of the Government Order dated 26.2.1999.
**egksn;] eq>s ;g dgus dk funs'k gqvk gS fd fuEufyf[kr 'krksZ ,oa micU/kks ds v/khu jkT;k/khu yksd lsokvks vkSj inksa ij lh/kh HkrhZ ds izØe ij efgykvksa ds fy, 20 izfr'kr vkj{k.k iznku djus dk 'kklu }kjk fu.kZ; fy;k x;k gS %& ¼1½ vkj{k.k jkT;k/khu yksd lsokvksa vkSj inks ij dsoy lh/kh HkrhZ ds izØe ij gksxkA inksUufr ds inks ij ugh gksxkA ¼2½ vkj{k.k gkjtsUVy izd`fr dk gksxk vFkkZr fdlh jkT;k/khu yksd lsok vkSj in ij efgyk vkj{k.k ds v/khu p;fur efgyk ftl Js.kh dh gksxh mls ml Js.kh ds izfr lek;ksftr fd;k tk;sxkA ¼3½ ;fn dksbZ efgyk fdlh jkT;k/khu yksd lsok vkSj in ij esfjV ds vk/kkj ij p;fur gksxk rks mldks x.kuk ml in ij efgykvksa ds fy, vkjf{kr fjfDr ds izfr dh tkosxhA** The perusal of the selected list reveals more than four females have been selected which also includes the female of the OBC quota and as per the clauses referred herein above, the female selected under any category may be treated as selected under the female quota.
Therefore, the claim of the petitioner has no substance.
The petition fails and is dismissed.
Order Date :- 31.1.2014 IB