JUDGMENT 1. - These two petitions for writ are founded on same facts, thus, are decided by a common order, in brief facts of the case are that the Director of Medical Health and Family Welfare, Government of Rajasthan, Jaipur by a short-term advertisement dated 4.5.2007 invited applications from eligible and desirous candidates to be considered for appointment as General Nurse Midwife (for short hereinafter referred to as, 'GNM') against the existing 2500 vacancies under NRHM Scheme. Out of 2500 vacancies referred above 200 vacancies were to be filled-in in district Sriganganagar. In district Sriganganagar bifurcation of vacancies on basis of applicable reservation policy was as follows: Sr. No. Category Total Male Female 1. General 102 71 31 2. O.B.C. 42 29 13 3. S.T. 32 22 10 4. S.C. 24 17 7 2. The petitioners in writ petition No. 4040/2007 in pursuant to the short-term advertisement referred above submitted applications to the authority competent to be considered for appointment as GNM against the vacancies reserved for other backward classes and the petitioners in SB Civil Writ Petition No. 4041/2007 claimed for consideration while making appointment as GNM under General category. In the select list prepared as per the merit the petitioner in S.B. Civil Writ Petition No. 4041/2007 stood at S. No. 77, 88 and 94 and the petitioners in S.B. Civil Writ Petition No. 4040/2007 ranked at S. No. 151, 162, 167, 159, 169, 175, 179, 197 and 199. On basis of ranking in selection list all petitioners in both the writ petitions would have been selected for appointment as GNM, however, the same was not accorded to them by extending a vertical reservation to women candidates. Being aggrieved by the same these petitions for writ were filed before this Court on 6.7.2007. On 9.7.2007 in both petitions for writ this Court while issuing notices to the respondents also passed an ad interim order in the terms that, "in case any appointment is given that shall be subject to decision of this petition for writ." 3. In pursuant to the rule issued a reply on behalf of the respondents is given accepting the fact that a vertical reservation is given to the women candidates. In pursuant to the rule issued a reply on behalf of the respondents is given accepting the fact that a vertical reservation is given to the women candidates. Though no details regarding actual number of candidates appointed as GNM in district Sriganganagar are given by the respondents in reply to the writ petition, however, on asking certain documents are supplied to the Court with a detailed note of Chief Medical and Health Officer, sriganganagar, from reading whereof it reveals that in total 41 women candidates in general category are employed against 31 reserved posts. While applying reservation the respondents have not treated candidature of the women candidates standing in merit against the vacancies reserved for women candidates. As per the details prescribed by the respondents 33 women stood in select list as per their merit and 31 women candidates were selected against the vacancies reserved for women. In total out of 102 vacancies available for general category 64 women candidates are employed. The grievance of the petitioners is that if the respondents would have applied reservation for women candidates horizontally then only 33 women candidates could have been selected and remaining 31 vacancies would have been filled in from amongst the other candidates in order of merit and the petitioner could have been selected for appointment. During the course of arguments it was accepted on behalf of the respondents that reservation for women candidates was required to be applied horizontally but that was erroneously applied vertically in view of the Government of Rajasthan Circular dated 14.11.2007. A copy of the circular referred above is also supplied by learned counsel for the respondents along with other documents. From reading of the circular aforesaid it is apparent that as a matter of fact the Government of Rajasthan instructed to all Head of Departments and other Competent Officers of the Government of Rajasthan to apply reservation fro women horizontally. If the respondents would have applied reservation for women horizontally, the maximum number of women candidates could have been up to 33 only, thus, the respondents have given appointments to women candidates in excess. After hearing of the case on 27.5.2008, however, it was said by the respondents on 28.5.2008 that even after completion of the selection process, 16 vacancies are lying vacant. Accordingly, on 29.5.2008 following order was passed: "Arguments in the instant matter were heard on 27.5.2008 and the judgment was reserved. After hearing of the case on 27.5.2008, however, it was said by the respondents on 28.5.2008 that even after completion of the selection process, 16 vacancies are lying vacant. Accordingly, on 29.5.2008 following order was passed: "Arguments in the instant matter were heard on 27.5.2008 and the judgment was reserved. On 28.5.2008 learned counsel for the respondents informed that at present 16 vacancies are available in the cadre of General Nursing Midwife and out of those 8 relates to the candidates for whom horizontal reservation is applicable. Looking to the facts of the case I consider it appropriate to examine viability of accommodating the petitioners against the existing vacancies. The respondents may examine the same within a period of four weeks from today. The writ petition be listed for further orders on 7.7.2008 along with connected matter." 4. Adequate time, thereafter, was given to the respondents to examine viability for accommodating the petitioners against the existing vacancies, however, no suitable decision is yet taken. It is stated by learned counsel for the respondents that the respondents at their own can not take any decision, and therefore, to fill in existing 16 vacancies an appropriate order may be passed. 5. In totality of the facts and circumstances of the case I am satisfied that the respondents erroneously applied vertical reservation for women candidates. The reservation for women candidates is always required to be made horizontally and if that would have been done at least 31 women candidates to whom appointment are accorded could have not been selected for appointment as GNM. The appointment given to those women candidates has effected rights of the petitioners adversely who would have been otherwise selected for appointment. 6. Thus, looking to the peculiar circumstances, specially the facts that selected candidates are not before the court to defend their appointments, I consider it appropriate, instead of canceling the entire selection, to direct the respondents to fill in the existing vacancies by giving appointments to the petitioners from the date the same was accorded to the other similarly situated persons. The petitioners shall not be entitled for any actual benefits, however, notional benefits accruing be given to them. The petitions for writ are disposed of accordingly.Writ Petition Disposed of as Above. *******