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DIPANKAR DATTA, AUGUSTINE GEORGE MASIH
Rajasthan High Court – Appellant
Versus
Rajat Yadav – Respondent
| Table of Content |
|---|
| 1. undisputed facts regarding recruitment process (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. contentions regarding recruitment rules (Para 13 , 14 , 15) |
| 3. analysis of reservation principles and merit (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. arguments against category-wise shortlisting (Para 28 , 29 , 30) |
| 5. petitioners' claims on merit based inclusion (Para 34 , 35 , 36 , 37) |
| 6. final verdict and directive for compliance (Para 76 , 77 , 78 , 79) |
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. Therea
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.
Reservation policies in public employment must prioritize merit; candidates from reserved categories who qualify for general positions based on merit are to be treated as general category candidates.
Merit must govern the selection of candidates across categories, allowing migration from reserved to open categories based on superior performance.
Candidates from reserved categories can claim horizontal reservations in open categories based on merit unless explicitly prohibited by law or policy.
Merit-based selection requires inclusion of qualified candidates from reserved categories in the unreserved list at the preliminary examination stage, ensuring compliance with equality and fairness p....
The court ruled that reserved category candidates who availed age relaxation cannot migrate to general category vacancies, ensuring adherence to equal treatment principles.
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