Himanshu Tirthani And Ors vs State Of Rajasthan And Ors

Appellants have filed the appeal challenging the order dated 06.12.2019 passed by the learned Single Judge, whereby, writ petition filed by the appellants was dismissed.

Learned state counsel has pointed out that the similar issue was dealt by the Division Bench Principal Seat at Jodhpur in D.B. Special Appeal Writ No.176/2020 alongwith connected matters and the appeal was dismissed vide order dated 20.07.2020. The present appeal is covered by the decision dated 20.07.2020.

Learned counsel for the appellants, on the other hand, has submitted that the appeal filed by the appellants was on a different footing.

Appellants had filed petition challenging the notification dated 13.02.2019 for reservation of More Backward Classes (MBC) and notification dated 19.02.2019 for reservation of Economically Weaker Section (EWS). Learned Single Judge dismissed the writ petition filed by the appellants alongwith other connected petitions.

While dismissing the appeals vide order dated 20.07.2020, it was held as under:-

"22. In the instant case, the State Government while implementing the reservation provided, vide Circular dated 23.6.19 excluded the recruitment process where the examinations were already concluded or the process for preparation of the merit list was at the verge of completion. It is not the case of the appellants that the policy decision of the Government in implementing the reservation provided, was actuated by malafide and thus, the decision taken which is not otherwise unreasonable or irrational, cannot be interfered with by this Court in exercise of its extra-ordinary jurisdiction under Article 226 of the Constitution of India.

In view of the discussion above, this Court is not inclined to interfere with the view taken by the learned Single Judge.

In the result, the intra court appeals fail, the same are hereby dismissed. No order as to costs."

A perusal of the order dated 20.07.2020 reveals that in the said case the appellants had sought direction to provide reservation admissible to EWS pursuant to notification dated 19.02.2019. Prior to issuance of the said notification, the State had vide notification dated 13.02.2019, inter alia increased the reservation for appointments and posts in the services under the State. Appellants had sought reservation on the basis of notifications dated 13.02.2019 and 19.02.2019 with regard to selection process which was already going on.

Vide order dated 20.07.2020, it was held that the State Government while implementing the reservation provided vide Circular dated 23.06.2019, had excluded the recruitment process where the examinations were already concluded or the process for preparation of the merit list was at the verge of completion. It was held that the view taken by the learned Single Judge did not require any interference, whereby, writ petitions were dismissed.

Thus, the present appeal is covered by the decision dated 20.07.2020 in D.B. Special Appeal Writ No.176/2020 and other connected cases.

Accordingly, the appeal is dismissed.