High Court of Gujarat's major judgment in women's reservation case, repeals these provisions of the government
JUSTICE J.B.PARDIWALA Date: 05/08/2020 COMMON ORAL JUDGMENT (PER: HONORABLE MR. JUSTICE J.B.PARDIWALA)
1. As the issues raised in both the captioned appeals are the same and the challenge is also to the selfsame judgment and order passed by the learned Single Judge, those were heard analogously and are being disposed of by this common judgment and order.
2. For the sake of convenience, the Letters Patent Appeal No.1910 of 2019 is treated as the lead matter.
3. This appeal under Clause 15 of the Letters Patent is at the instance of the original Respondents Nos.3,4, and 5 respectively of a writ application and is directed against the judgment and order passed by a learned Single Judge of this Court dated 29.11. 2019 in the Special Civil Application No.18654 of 2018 and allied petitions, which, the learned Single Judge allowed the writ applications and issued directions to the Gujarat Public Service Commission.
4. The facts, giving rise to this litigation, may be summarized as under:
4.1 The respondent No.5 herein - Gujarat Public Service Commission came up with a public advertisement dated 15th July, 2017 for the recruitment to the 115 posts of the Police Inspector (Unarmed).
It appears that the State Government has framed rules called the Gujarat Civil Services (Reservation of Posts for Women) Rules. 1997 (for short "the Rules, 1997"), providing for reservation for women in the public services and posts in connection with the affairs of the State.
The relevant Rule 2 provides as under: "RULE 2: Reservation of posts for women - Notwithstanding anything contained in any rules relating to recruitment to public services and connection with the affairs of the State: or orders posts in
(a) there shall be reserved in favor of women belonging to the Scheduled Castes thirty percent of the posts reserved in favor of such Castes;
(b) there shall be reserved in favor of women belonging to the Scheduled Tribes thirty percent of the posts reserved in favor of such Tribes
(c) ) there shall be reserved in favor of women belonging to the Socially and Educationally Backward Classes thirty percent of the posts reserved in favor of such Classes,
(d) there shall be reserved in favor of women thirty percent of the posts not being posts reserved in favor of the Scheduled Castes; Scheduled Tribes and Socially and Educationally Backward Classes. Explanation.
For the purposes of these rules. (a) "Scheduled Castes" means such c astes, races or tribes or parts of groups within such castes, races or tribes as are deemed to be
Calpa 1910/2019 Judgment Scheduled Castes, in RATIONA TO THE THE OFFER OFFER ENTER OF MORRITILE 341 OF THE THE Constitution of India. (B) "Sureduled tribes" orans tribal commirities or ours of the trees orri tubal commirities as are the beed to be used. the preculth tribes. to be the subject. 1997 by Inserting Rule 3 The newly added rule 3 provides for the method of the application that the reservation for Women The newly added rule 3 reads as under: "3. Manner of Appering Reservation of Poss for Women:
(1) The Reserve of Posts for Women Shaken Beor Horizontal and Componmented and Women Nameed by Mitit Within Mendioned Claus (No) to (D) of Rule 2 Shall Be COUNDED AGAINTATION RESERVATION FOR WOMENIS THAT CATEGATION EXPLANATION: HORIZONTAL AND SEXTARTMENTALIZED RESERVATION MEANS RESPECTIVE QUOTA ORSTER CLASSEVERED INF FAVOR OFF WOMEN UNDER CLASE (3) OF ARTICLE 15 OF THE THE ConfidentU.I. India Connection with the theors of the theeat in connection with the theors of the theef in interconocks with the theorsares of the theft interconocks with the theorsal research in
Vertical reservation means reservation in favor of Scheduled Castes. Scheduled Tribes and Other Backward Classes under clause (4) of article 16 of the Constitution of India.
(2). The reservation of posts for women mentioned in rule 2 shall be applied - (1) By first filling up the quota of the categories mentioned in clauses (a) to (d) of rule 2 in order of merit; and then Finding out the number of candidates among them who belong to the respective reservation category and if the number of candidates in such lists is equal to or more than the number of special reservation quota of women, then it shall not be necessary for further selection towards the reservation quota of women.
Only if there is any shortfall of the women candidates in any such category, the requisite number of women belonging to such category shall have to be taken by deleting the corresponding number of candidates from the bottom of the list relating to such category.
"4.3 It appears on plain reading of the newly added Rule 3.. Referred to above, that if women belonging to any of the reserved categories, on their own merit, get selected to the open competition vacancies, they would be counted or considered as the open competition candidates (General Candidates) even for the purpose of Horizontal (Special Reservation).
The General Administration Department (GAD) of the Government of Gujarat issued the Government Resolution dated 01.08.2018.
clarifying certain issues / doubts that arose in the matter of Application of Special (Horizontal) Reservation for women in public service and posts in connection with the affairs of the State.
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