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Judgment
Vipin Sanghi, CJ
Issue notices.
Notices have been accepted by Mr. K.N. Joshi, learned Deputy Advocate General on behalf of the State and by Mr. Ashish Joshi, learned counsel on behalf of respondent- Commission.
Interim Relief Application (IA/1/2022)
The petitioners are aggrieved by the grant of reservation to women only of Uttarakhand State.
Similar challenge was raised in WPSB No.492 of 2022 and WPSB No.355 of 2022 which we had occasion to deal with on 24.08.2022.
The said writ-petitions are pending consideration. However, we stayed the operation of the Government Order dated 24.07.2006 in so far as it seeks to provide 30 percent horizontal reservation only in respect of women candidates of Uttarakhand in the matter of public employment. The said 30 percent reservation for women shall, therefore, be construed as horizontal reservation for women candidates irrespective of their ‘domicile’ or ‘place of residence’.
We, accordingly, direct the Commission to permit the petitioners to appear in the forthcoming Examination provisionally.
Counter affidavit(s) be filed within three weeks.
Rejoinder before the next date.
List on 11.10.2022 for final disposal.
Interim relief application stands disposed of accordingly.