Reserved category candidates who score above the general category cut-off must be treated as general candidates, ensuring merit prevails in recruitment processes as mandated by the Constitution.

JUDGMENT :

DIPANKAR DATTA, J.

THE APPEALS

1. A Division Bench of the High Court of Judicature for Rajasthan, Bench at Jaipur, allowed D.B. Civil Writ Petition No. 7564 of 2023 and connected matters vide judgment and order dated 18th September, 2023¹[impugned order]. Aggrieved by the impugned order, the administration of the High Court and its Registrar²[appellants] have preferred these civil appeals by special leave.

BRIEF RESUME OF FACTS

2. The basic facts triggering the appellate proceedings before us are undisputed.

3. The Rajasthan District Courts Ministerial Establishment Rules, 1986 were framed to regulate appointments and conditions of service in the ministerial establishments of the District Courts. Thereafter, the Rajasthan High Court Staff Service Rules, 2002 were notified on 5th December, 2002, providing for recruitment to the post of Junior Judicial Assistant/Clerk Grade-II by way of a competitive examination comprising two stages, viz. a written test and a computer-based typewriting test.

4. In pursuance thereof, on 5th August, 2022, the High Court issued an advertisement. Applications were invited for appointment on 2756 vacancies in the posts of Junior Judicial Assistant/Clerk Grade-II in the High Court, the Rajasthan State Judicial Academy, the District Courts and allied institutions, including the Legal Services Authorities and Permanent Lok Adalats. The vacancies were distributed category-wise across General, Scheduled Caste (SC), Scheduled Tribe (ST), Other Backward Class (OBC), Most Backward Class (MBC), Economically Weaker Section (EWS), and horizontal reservation for various other categories.

5. The scheme of selection envisaged a written test of 300 marks, followed by a typewriting test on computer of 100 marks. The qualifying marks in the written test were fixed at 50% for the General category, 45% for OBC and other categories, and 40% for SC/ST/PwD³[Persons with Disabilities]. It was further stipulated that only candidates securing the prescribed minimum in the written test, to the extent of five times the number of vacancies category-wise, would be eligible to appear in the typewriting test. The final merit list was to be drawn on the aggregate of marks secured by the aspirants at both stages.

6. The respondents in these appeals had applied pursuant to the aforementioned advertisement. Since they were found prima facie eligible, the appellants permitted them to appear in the written test.

7. The written test was held on 12th and 19th March, 2023. The respondents duly participated in the written test. The results followed soon, being declared on 1st May, 2023. The list of candidates who qualified for the second stage of the examination, i.e., the typewriting test on computer, was duly published. The break-up of candidates called for the type-writing test, which was thereafter scheduled between 26th May and 29th May, 2023, is given in the chart hereinbelow:

S. No. Category No. of Vacancies No. of candidates declared qualified for typewriting test

1 General 1077 5385

2 OBC-NCL 459 2295

3 MBC-NCL 136 680

4 EWS 286 1431

5 SC 416 2081

6 ST 370 1850

7 Saharia 12 11

Total 2756 13733

8. Significantly, the cut-off marks for various reserved categories like SC, OBC-NCL, MBC-NCL and EWS were higher than the cut-off marks provided for the General category. The cut-off marks, for various categories, is given hereinbelow:

S. No. Category Cut-off marks

01 General 196.3451

02 General (Widow) 135.0103

03 General (Divorcee) 158.7026

04 S