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A. J. DESAI, NISHA M. THAKORE
Vadodara Municipal Corporation – Appellant
Versus
Narendra Ridha Ram Junawa – Respondent
JUDGMENT :
A.J.DESAI, J.
1. By way of present Appeal under Clause 15 of the Letters Patent, the appellant herein – Vadodara Municipal Corporation (hereinafter referred to as “Corporation”) has challenged the judgment and order dated 15.06.2021 passed by the learned Single Judge in Special Civil Application No.8753 of 2020, whereby the learned Single Judge while allowing the petition filed by the respondent held that though the respondent had applied under the reserved category but having received more marks than the last candidate of General category, he shall be treated as General Category candidate and shall be appointed on the post in question.
2. The appeal came to be admitted by the Coordinate Bench vide order dated 28.02.2022 and on the same day, while disposing of the Civil Application, execution and implementation of the impugned order was stayed.
3. Today, the appeal is taken up for final hearing.
4. The short facts, which arise from the record are reproduced as under:
4.1 The appellant Corporation published an advertisement for filling up 48 posts of Staff Nurse. Out of 48 posts, 26 posts were for General Category, where 3 for SC, 7 for ST and 12 for SEBC. The pay-scale for the
Selection process of staff Nurse - Reserved category - Petitioner is to be treated as candidate of general category as a necessary corollary, requirement of caste certificate of petitioner being cand....
As the petitioner is to be treated as candidate of general category as a necessary corollary, the requirement of caste certificate of petitioner being candidate of reserved category from an appropria....
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....
Candidates securing higher marks than unreserved category cannot claim reservation benefits unless explicitly provided by state policy; constitutional provisions require formal policy to confer reser....
Reservation – Merit must be given precedence and if candidates, who belong to SCs, STs and OBCs have secured higher marks or are more meritorious, they must be considered against seats meant for unre....
Candidates from reserved categories, if selected on the basis of their own merit, cannot be counted against the quota for their vertical reservation categories. The application of horizontal reservat....
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