P. B. Bajanthri, J.—In the present appeal, the appellant has assailed the order of the learned Single Judge dated 06.08.2019. It is a short order, which reads as under:—

“Considering serious disputed question of fact, the Court is not inclined to grant any indulgence to the petitioners. However, liberty shall be available to the petitioners to approach the Civil Court of competent jurisdiction for appropriate relief as the dispute raised in the present writ petition can only be adjudicated appropriately in a properly constituted civil suit.

With the aforesaid, the writ petition stands disposed of.”

2. Matter was heard time and again. On 26.09.2024, Coordinate Bench has passed the following order:—

“The matter is relating to selection and appointment to the post of Panchayat Teacher, Gram Panchayat Dosut, Warsaliganj, Nawada. The appellant's claim is against one of the SC vacancy. In order to ascertain how the appellant is not eligible to be selected and appointed to the post of Panchayat Teacher, we have requested the State Counsel to prepare a chart relating to cut-off marks for each of the category, so as to understand what would be the cut-off percentage for SC and General category.

2. Today, learned counsel for the State furnished a chart relating to cut-off marks. Perusal of the chart, it is evident that last selected and appointed candidate of the General category has secured 55.90% whereas the selected candidate under SC category are three in number and they have secured 64.55%, 59.33% and 58.77%. All these three SC candidates were required to be adjusted against General category for the reasons that they have secured more than 55.90% with reference to last General category selected candidate who has secured 55.90%. The Selecting and Appointing Authority has committed a serious error while preparing selection list to the extent that initially he should have prepared a merit list irrespective category and thereafter, depending upon the percentage secured by General category persons and reserved category persons, he should have prepared separate social reserve list. If the above exercise had been undertaken by the Selecting and Appointing Authority, in that event, three persons who have been selected under SC Category and who have secured more than the last candidate under General category would have earned place under General category. In other words, they would have been assigned slot under General category. Resultantly, appellant would have been selected under SC category. This exercise has not been undertaken by the Selecting and Appointing Authority.

3. Recently, Hon'ble Supreme Court in the case of Ramnaresh vs. State of Madhya Pradesh reported in 2024 SCC Online SC 2058 reiterated that SC/ST/OBC candidate who qualify on their own merit can compete for open seats in the General category. The Court said that petitioners were denied admission in medical colleges in Madhya Pradesh in 2023-24 session due to "erroneous application of methodology in applying original term and vertical reservation". It is said that meritorious reserved category candidate who is entitle to 'General' 'category of the said horizontal reservation in his own merit will have to be allotted a seat from the said 'General' category of the horizontal reservation. GS quota was introduced in Madhya Pradesh in 2023. "It is to be noted that, in the present case, the cut-off for UR candidates were much less as compared to the cut-off for SC/ST/OBC/EWS candidates. As such, the respondents ought to have admitted the present admission against the UR-GS categories. It is further to be noted that many seats from UR-GS were required to be transferred to the General category" the Court said.

4. It is high time to rectify the aforementioned error committed by the Selecting and Appointing Authority. Therefore, we are of the view that instead of undertaking preparation of revised selection list with reference to merit and accommodating such of those reserved category who