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BIREN VAISHNAV
Jatinkumar Kishorkumar Bhatt – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule, returnable forthwith. Mr. Vinay Bairagra, learned AGP and Ms. Shruti Pathak, learned Assistant Government Pleaders waive service of notice of Rule for the respondent - State.
2. With the consent of the learned advocates appearing for the respective parties, these petitions are taken up for its final disposal.
3. In all these petitions, under Article 226 of the Constitution of India, the petitioners have prayed for a direction that the action of the PSI Recruitment Board of including reserved category candidates in the list of general category candidates in the preliminary merit list of the preliminary exams, for the purpose of appearing in the main examination for the post of PSI, Class III is unlawful and in violation of Article 14, 15, 16 and 21 of the Constitution of India. The petitioners have further prayed that a fresh merit list of candidates for appearing in the main examination be prepared by calling upon three times the candidates of each category i.e. reserv
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....
If a reserved category candidate received more or equal marks qua UR category candidate, he will secure birth in UR category and he cannot be treated to be a reserve category candidate.
Merit must govern the selection of candidates across categories, allowing migration from reserved to open categories based on superior performance.
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.
Reserved category candidates who avail of relaxed standards during an integral screening stage of a selection process are not entitled to migrate or be adjusted against unreserved category vacancies,....
Categorization of candidates based on reserved categories during the selection process compromises merit and violates the rule of reservation.
Candidates from reserved categories must prove non-reliance on eligibility relaxation to be adjusted against unreserved seats; participation without challenge limits claims.
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