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2014 Supreme(Raj) 88

AJAY RASTOGI, J.K.RANKA
Rajesh Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
S.P. Sharma, Sr. Counsel assisted by S.S. Shekhawat & Ram Pratap Saini, for Appellants;
S.N.Kumawat, Addl. Adv. Gen., for Appellant State (SAW 1108/2012);
R.D. Rastogi, Rajendra Soni, Vigyan Shah, Shobhit Tiwari, Jitendra Kumar, Manoj Bhardwaj, R.K. Gautam, Sangeeta Sharma, N.K. Garg, A.K. Rathi, Sanjay Kr. Sharma, for Respondents.

Hon'ble RASTOGI, J.— Since common questions of law are involved arising out of identical facts, hence with a joint consent of the parties, this bunch of special appeals (as per Schedule A) is being disposed by the present order.

2. A cardinal question which emerges for consideration is as to whether a candidate, upon having availed of relaxation in age, acquiring eligibility to participate in the process of selection, besides special relaxation/concessions under the Scheme of Service Rules which participating in competitive examination (written test/viva voce)/process of selection; if secured more marks than of last candidate and finally got placement in select list against vacancies of open/general category, can be considered for being selected against vacancy of unreserved/open category or deserves to be migrated n select list of open/general category vacancy and what will be the effect in the instant bunch of cases regarding Circular dt. 11.5.2011 issued by State Government after the process of selection being initiated with reference to advertisement dt. 14.10.2010 for the post of Constable and advertisement dt. 25.11.2010 for the post of Sub Inspector of Police.

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