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V. KAMESWAR RAO, SAURABH BANERJEE
Manoj Singh Bhandari – Appellant
Versus
Union of India – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 12182/2024
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 2959/2024
1. This petition has been filed by the petitioner with the following prayers:
"Therefore in view of the above mentioned facts and circumstances it is most respectfully prayed that this Hon'ble Court may be pleased to:
I. Issue a Writ of Mandamus or any other appropriate writ, order or direction to the Respondents to appoint the petitioner on the post of Constable (Medic) w.e.f. 10.01.2024 and with all consequential benefits by redrawing the merit list after merging the OBC Category with the General Category and thereby declaring both General as well as OBC category as Unreserved Category;
II. Issue a Writ of certiorari or any other appropriate writ, order or direction thereby quashing and setting aside any policy/rule/statute, if any, which grants any subsequent benefit in the form of reservation/concession/relaxation/exemption to the candidates belonging to the OBC category, after their initial appointment/induction into the force, being unconstitutional;
III. Or in alternative Issue a Writ of Mandamus or any other appropriate writ, orde
Transparency and communication in the appointment process, and the right to seek legal remedy if dissatisfied with the decision.
Candidates from reserved categories can be appointed in general categories without affecting their rights to be considered for reserved positions, ensuring adherence to reservation policies.
Inadvertent category error in application form does not justify candidature cancellation if disclosed suo motu, documents valid, and candidate qualifies on ESM own merit.
Petitioners did not have a vested right of appointment and did not qualify for the post.
Selected reserved category candidate qualifying written exam and producing valid category certificate at document verification cannot be denied appointment for expired certificate at application cut-....
The court upheld the merit list based on the cut-off marks and dismissed the petition seeking appointment to the post of Head Constable (Radio Mechanic).
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