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Ashok Ram S/o Shr Babulal – Appellant
Versus
The State Of Rajasthan – Respondent
JUDGMENT :
MEHTA, J.
1. The instant intra court appeal calls into question the judgment dated 17.02.2021 passed by the learned Single Bench of this court, whereby S.B. Civil Writ Petition No.680/2021 (Ashok Ram & Ors. Vs. State of Rajasthan & Ors.) preferred by the appellants herein was dismissed.
2. The moot controversy involved in this appeal is whether the respondents were justified in applying the Most Backward Category (for short, ‘MBC’) and Economically Backward Section (for short, ‘EWS’) reservation to the ongoing recruitment process initiated by the Rajasthan Public Service Commission (for short, ‘RPSC’) vide advertisement dated 13.04.2018 for making selection to the posts of Lecturer (School Education). At inception, the advertisement provided reservation only to the candidates of SC, ST, OBC, SBC and PH categories. The mode of Selection was through competitive examination and the last date for submitting the application forms was 16.06.2018. While the recruitment process was still in progress, an order dated 23.06.2019 came to be issued by the State Government clarifying that 5% reservation for MBC and 10% reservation for EWS had been introduced by Notifications dated 13.02.
Candidates do not have a vested right to insist on the completion of a recruitment process if it is cancelled based on valid reasons, including changes in qualifications and reservation policies.
The court ruled that expanding the candidate pool does not infringe on rights if eligibility criteria remain unchanged, emphasizing the need for fairness in recruitment processes.
10% EWS reservation applies only to current vacancies, excluding backlog SC/ST/OBC vacancies treated as separate class under Article 16(4B), not total vacancies.
It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised.
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....
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