Interim order and reply filed by respondent

Dear Client,

Based on the details you provided, the writ petition seems to hinge on a few crucial points, primarily regarding:

Your argument is that no horizontal reservation for women was explicitly mentioned, yet a woman from the ST category was selected for a general post, which you believe should not have happened if she was selected under general category criteria. Your marks, being higher, make you eligible for the post instead.The RTI response you received indicates that there were no reservations for women under the general category. This supports your claim that her selection might not have been justified based on the general category criteria.

The High Court, in its interim order, has acknowledged the merit in your submission, as they instructed the department to keep one post reserved for a general male candidate in the TSP area until the case is resolved. This is a positive sign as it shows the court is taking your claims seriously.

A few factors indicate you may have a strong case
The RTI stating that no reservation for women was provided can strongly bolster your claim and also you have higher marks than the candidate selected. If the selection was indeed made on a merit basis in the general category, your argument seems valid.
The court's interim order to reserve one post for a general male candidate is a good indication that your case was seen as meritorious at the preliminary stage.

Since your marks are higher, ensure that this point is stressed in subsequent hearings.The absence of specific horizontal reservation for women in the general category, as revealed by the RTI, should be a key point of focus.


Regards

Dear Client,
Any complaint or allegation over malpractice or unfair practice in the recruitment of manpower against an establishment shall not be entertained by a Court unless the alleged malpractice or unfairness in recruitment policy and practice appears on the face of the record. So, it is a very difficult and cumbersome exercise to prove such an allegation before the court. So, admission of your writ petition challenging recruitment proceedings exclusively depends on the merit of your petition and the substantial evidence submitted by you before the High Court. Regardless of the sector or character of establishments either public or private, the recruitment of manpower is processed following its standing recruitment policy and recruitment of manpower is also a prerogative of the establishment. Be informed that recruitment, promotion, upgradation etc. are the prerogatives of the management/establishment strictly followed on the basis of an established recruitment and promotion policy. Only in case of deviation/discrimination/mala fide in the policy or rules, if appears on the face of the record, the High Court may entertain an appeal/petition challenging the recruitment rules violating the well-established policy of the organization. Otherwise, a petition may be rejected at the stage of admission by the High Court. Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution of India and any party to a litigation who is denied this right of speedy trial is entitled to approach the High Court under Article 226 of the Constitution of India as well as Supreme Court under Article 32 of the Constitution of India to enforce such right. Since your petition before the High Court has been pending since 2020, you may ask your lawyer to mention the case in the particular court and get it listed for hearing as soon as possible.