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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Hemant Pokhriyal – Appellant
Versus
Staff Selection Commission – Respondent
| Table of Content |
|---|
| 1. challenge to selection procedure based on reservations. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments against inclusion in general category due to relaxations. (Para 7 , 8 , 9) |
| 3. supreme court's interpretation on merit versus reserved categories. (Para 10 , 11 , 12) |
| 4. clarification on status and rights of reserved category candidates. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. court's decision on relief and prospective application. (Para 20 , 21) |
JUDGMENT
Manmohan, J. (Oral)--Present writ petition has been filed challenging the selection procedure of the respondents 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.
ARGUMENTS ON BEHALF OF THE PETITIONER
2. Learned Counsel for the petitioner states that the petitioner belongs to Other Backward Class (OBC) from the border guarding district of Uttarkashi, under the Garhwal division of Uttarakhand. He further
A reserved category candidate who qualifies based on merit and utilizes relaxations available to all candidates is eligible for selection in the general category, not counted against reserved vacanci....
Candidates selected based on merit without any category-specific relaxation should not be categorized under reserved vacancies but treated as part of the general category.
The relaxation provisions in recruitment processes should be applied uniformly to candidates from specific regions, irrespective of their reserved or un-reserved category, to avoid discrimination and....
Relaxation given in height or chest are available to candidates from a specific region, where the candidate belong to reserved or un-reserved category, cannot lead categorization of the candidates ex....
Relaxation given in height or chest are available to candidates from a specific region, where the candidate belong to reserved or un-reserved category, cannot lead categorization of the candidates ex....
relaxation given in height or chest are available to candidates from a specific region, where the candidate belong to reserved or un-reserved category, cannot lead categorization of the candidates ex....
Reservation – For allocation of unreserved vacancy to a candidate of reserved category, selection must be on ‘General Standard’ without availing any ‘Relaxed Standard’ in either eligibility or select....
Point of law: if a candidate who secured more marks than the last selected candidate, if a candidate from OBC/BC has secured more marks than the last selected candidate from open category, such candi....
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