HC: A candidate who gets selected for admission or for appointment to a post on the basis of his own merit would not be counted against the reserved post

  

On 1^st October, a bench of Delhi High Court consisting of Justices Manmohan and Navin Chawla while hearing a writ petition held that when a candidate gets selected for admission or for appointment to a post on the basis of his own merit and without availing the relaxations that are available to them, then his selection would not be counted against the reserved post.

The bench further held that it is only when a candidate avails relaxations that are not otherwise available to the candidates of the unreserved category that he is to be considered in his category.

Facts of the case:

The Present writ petition was filed challenging the selection procedure of the State Selection Commission for the post of Constable (GD) in the Central Armed Police Forces (CAPFs), NIA, SSF and Rifleman (GD) in Assam Rifles insofar as it debars a candidate from the reserved category from being adjusted against the General vacancy if the candidate has availed any relaxation irrespective of the fact that such relaxation is also available to the General category candidates.

Contention of the petitioner:

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Mr.Amit Kaushik, Learned Counsel for the petitioner stated the following:

1. It was stated that in the final result that was declared by the respondents on 21st January, 2021, the Petitioner had scored 73.1913 which, though more than the score secured by the last candidate selected in the unreserved category from his state, was less than the score secured by the last candidate selected in the OBC category from his state. However the Petitioner was not selected in either of the categories.
2. He states that since the relaxation availed by the Petitioner was also available to the candidates from the unreserved category, the petitioner should have been included in the final selection list of the unreserved category, having scored more than the cut-off.
3. Learned Counsel for the Petitioner states that if a candidate of the reserved category performs better than a candidate of the general category without the ‘aid of any crutches’ then his selection is on the basis of merit and not on the basis of reservation.

Contention of the respondent:

Mr Nirvikar Verma, learned counsel for the respondents contended the following:

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1. It was submitted that that since the petitioner had availed the relaxed standards in height and chest measurement, he had to be considered in the category as per the provisions contained in Clause 11(xiv) and not under Clause 11(xiii) of the Examination Notification.
2. He also stated that the height & chest of the petitioner is less than the physical standards fixed for common recruitment test of CT(GD) in CAPFs & Assam Rifles, NIA and SSF and he has been declared qualified in the physical standard on relaxed standards as per the provisions contained in Clause 9(III) of the Notification on anthropological or geographical grounds.
3. He further submitted that as per DOP&T OM No.36011/l/98-Estt.(Res) dated 01/07/1998, only the SC/ST/OBC candidates who are selected on their own merits without relaxed standards, along with candidates of other communities will not be adjusted in the reserved vacancies.

Observation and Judgment of the court:

  The Hon’ble bench of the court observed the following:

1. When a candidate gets selected for admission or for appointment to a post on the basis of his own merit and without availing the relaxations that are available to them, then his selection would not be counted against the reserved post.
2. It is only when a candidate avails relaxations that are not otherwise available to the candidates of the unreserved category that he is to be considered in his category.
3. There are no height and chest relaxations provided for the candidates belonging to the OBC category in Clause 9(III) of the Notification and they are to be considered along with the General candidates.

In the view of the above, the Court is of the view that in the present case, as training of the selected candidates had already commenced, it would not be proper to direct the respondents to redraw the result in its entirety.

Read Judgment;

 

 

source ; www.latestlaws.com 

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