OBC candidates with marks higher than the cut-off for the General category should have been appointed as General category candidates, leading to a reshuffling/adjustment without ousting the previously selected General category candidates.

JUDGMENT

Rekha Borana, J. - The petitioners herein are the candidates who applied in the OBC category for the post of Mines Foreman Grade-II in pursuance to the advertisement dated 20.06.2013. After the declaration of the result, the cut-off as declared was 60 marks for the General category and 58 marks for the OBC category. The averment of the petitioners in the present petitions is that while making the final selection, the candidates belonging to the OBC category who had acquired the marks more than the cut-off declared for the General candidates have not been considered against the post for the General category but have been afforded appointment qua the OBC category only. It is the submission on behalf of the petitioners that the candidates acquiring more than 60 marks (the cut-off declared for the General candidates) ought to have been accorded appointment qua the General category seats and not qua the seats reserved for the OBC category. It is the submission that if such candidates are afforded appointment in the General category, the petitioners herein, who fall in the reserve list qua the OBC candidates, would find place in the select list and would be entitled for appointment.

2. The factual report has been placed on record today by the counsel for the respondents specifying the list of the OBC category candidates who had been accorded appointment against the General seats having obtained more than 60 marks. It has been specified that there were 17 such OBC candidates who had been accorded appointment qua the General category seats. The list further specifies the names of 21 candidates who had been appointed qua the OBC category seats.

3. A bare perusal of the report shows that there are almost 9 candidates of the OBC category who had acquired more than 60 marks but have been accorded appointment qua OBC category only. In view of the settled proposition of law, it is clear that these 9 candidates ought to have been selected and appointed as General category candidates, they having obtained more than 60 marks, that is, the cut-off declared for the General category candidates.

4. Therefore, without adverting into any other fact, from a bare perusal of the report itself this Court can safely conclude that 9 persons out of the 21 selected OBC candidates deserve to be appointed as General category candidates and as a consequence the next 9 OBC candidates who stand in merit deserve to be accorded appointment qua the OBC category.

5. In view of the above observations, the respondents are directed to consider the candidature of the present petitioners for appointment if they stand in merit as per the above observations. However, it is made clear that the General category candidates who were earlier selected would now not be ousted because of this reshuffling/adjustment. It is also made clear that if the petitioners are held entitled for appointment, they be accorded appointment with effect from the date the last person qua the OBC category had been afforded appointment.

6. The complete exercise be completed by the respondent authorities within a period of 2 months from the date of receipt of the present order.

7. With these observations, the present writ petitions are disposed of.

8. All the pending applications also stand disposed of accordingly.