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Judgment
This writ petition has been filed by the petitioner aggrieved against the allotment of district Ajmer to the petitioner.
It is inter alia indicated in the writ petition that the petitioner applied for the post of Teacher Gr.III (Level-II) subject Hindi pursuant to the advertisement issued by the respondents.
During the course of counseling, the petitioner - a general category candidate gave his preference, where he had indicated Sikar as his 3rd preference and Ajmer as 8th preference. By allotment made on 3.9.2018 (Annex.2), though the petitioner's merit was 1699, he was allotted district Ajmer, whereas, another candidate - Mr. Mukesh Kumar Verma, whose merit was 1960, he was allotted district Sikar vide Annex.3, which clearly indicates that the respondents have not followed any principles in this regard.
Submission initially was made that while allotting districts, the districts have to be allotted based on merit and there is apparently no reservation therein.
A reply to the writ petition was filed by the respondents, which was quite cursory in nature, though averments made in the writ petition were denied.
Subsequently, certain documents have been produced for perusal of the Court and have been supplied to counsel for the petitioner, wherein, a plea was raised that though the recruitment was at the State level, the vacancies have been determined at district level, wherein, on 31.7.2018, there were 115 vacancies in district Sikar, the said vacancies were further bifurcated as per various categories i.e. unreserved, OBC, MBC, SC & ST and various horizontal reservations were also provided.
Further indication was made that a circular dated 7.6.2018 was issued for the purpose of allotment of districts, which has taken into consideration all the possible scenarios.
Learned counsel for the respondents made submissions that the petitioner was seeking to compare his case with candidates, who though belong to reserved category i.e. SC/OBC but were selected against the general category, which is not justified.
It is submitted by learned counsel for the respondent that those candidates, who though belong to reserved category i.e. SC/OBC but were selected against the general category, have been adjusted against their categories while giving preference based on their merit.
Reliance in this regard has been placed on the following paragraph of the circular dated 7.6.2018:-
"I सामान्य पुरूष- सामान्य पुरूष अभ्यर्थी को उसकी मेरिट के अनुसार जिलें में सामान्य पुरूष के विज्ञापित पदों के अनुसार जिला आवंटित किया जावेगा। यदि सामान्य पुरूष का पद शेष नहीं है तो उस अभ्यर्थी की स्वयं की केटेगरी जो भी है उस केटेगरी यथा- अभ्यर्थी का चयन वर्ग सामान्य पुरूष है व उसकी स्वयं की प्रवर्ग केटेगरी अनुसूचित जाति पुरूष है तो उसे अनुसूचित जाति पुरूष के विज्ञापित पदों के विरूद्ध प्रथम प्राथमिकता के क्रमानुसार जिला आवंटित किया जावेगा ताकि उच्च योग्यताधारी आषार्थी को जिला आवंटन में इच्छित जिले में सामान्य का पद न होने पर नुकसान न हो।
Learned counsel for the petitioner made submissions that once a candidate has been selected against general category, he would remain a general category candidature and once he has been accorded appointment in a particular district, the respondents cannot content that the petitioner would not be entitled to a similar treatment and, therefore, allotment of district to the petitioner deserves amendment and he be allotted district Sikar.
I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
It is not in dispute that though the recruitment is at the State level, the vacancies are determined at district level and the same have been bifurcated as per categories. The law is well-settled while dealing with a candidate who belongs to a reserved category, who gets selected in general category that while considering his preference in case of place of posting or speciality he can't be put to a disadvantageous position. It has been laid down by Hon'ble Supreme Court in Ritesh R. Sah v. Dr. Y.L. Yamul: (1996) 3 SCC 253, as under:-
"In view of the legal position enunciated by this Court in the aforesaid cases the conclusion is irresistible that a student who is entitled to be admitted on the basis of merit though belonging to a reserved category cannot be considered to be admitted against seats reserved for reserved category. But at the same time the provisions should be so made that it will not work out to the disadvantage of such candidate and he may not be placed at a more disadvantageous position than the other less meritorious reserved category candidates."
In view thereof, the stipulation made in the circular dated 7.6.2018 of the respondents being in sync with the law laid down by Hon'ble Supre Court in the case of Ritesh R. Sah (supra), the submission made by learned counsel for the petitioner seeking parity with the candidates, who belong to reserved category and got selected against the general category, cannot be countenanced.
No material has been placed on record indicating that a candidate of general category has been allotted a district, who is lower in merit but gave higher preference as given by the petitioner, has been allotted to him.
In view of the above discussion, there is no substance in the writ petition. The same is, therefore, dismissed.