Date of judgement:
08/06/2022
Bench:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Parties:
Plaintiffs – JATINKUMAR KISHORKUMAR BHATT
Respondent – STATE OF GUJARAT
SUBJECT
The High Court, in this case, held that the principle of merit can be applied at all stages of selection, whether preliminary or main.
OVERVIEW
- In this case, the petitioners had appealed before the Court under Article 226 against the PSI's decision of including reserved category candidates in the general category list.
- The examination was divided into three parts. Firstly, the physical examination, then the preliminary examination and then the main examination.
- Candidates qualifying the preliminary examination were to be called for the main examination and the number of candidates was around three times the vacancies.
- The petitioner contended that instead of calling candidates three times the number of vacancies in each category, the respondents clubbed the reserved and non-reserved candidates.
ARGUMENTS BY THE PETITIONER
- The petitioner contended that the clubbing of candidates resulted in an increase in the cut off of the reserved category and hence, some petitioners were excluded from the merit list
- The petitioner further contended that this resulted in restricting several candidates of the general category.
- The petitioner pleaded that the Rule of Migration could not be applied shortlisting stage for main examination as this would amount to double reservation.
ARGUMENTS BY THE RESPONDENT
- The respondents contended that there is no general category as such. Rather there is an open category which is open for all candidates irrespective of whether they belong to the reserved category or the general category.
- ISSUES RAISED
- Whether the method followed by the Revenue Board for shortlisting candidates for the main examination was contrary to law?
ANALYSIS BY THE COURT
- The Court initially analysed the scenarios advocated by both the petitioners and the respondents.
- The Court observed that in the scenario of the respondents, the three times criterion is adequately met. On the other hand, the petitioners suggest a scenario in which the number of candidates called for the main examination are much more than the three times limit.
- The Court noted that in the scenario proposed by the petitioners, the cut off for the SC category would be more than the general category and resultantly, the cut off of the SC category will have to be lowered. This would result in the breach of the three times limit prescribed under Rule 8(f).
- The Court relied on the judgment of Bihari Lal Rada v. Anil Jain (Tinu) and others 2009 (4) SCC 1, where it was held that General Category includes all candidates irrespective of their Caste, community, class or tribe.
- The Court held that different meaning cannot be attributed to general category at the preliminary stage and at the main examination.
- The Court then relied on the judgment of Kishor Chaudhary v. State of Madhya Pradesh where it was held that a reserved candidate securing equal or more marks than a general candidate can be given a berth, at the preliminary as well as main examination stage, in the General Category.
- The Court held that the principle of merit can apply at the preliminary stage as well.
CONCLUSION
On the basis of the aforementioned observations, the Court dismissed the petition. The Court was indeed right in its observations and upheld the established rule of merit.
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