2023 Supreme(Raj) 715
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MANINDRA MOHAN SHRIVASTAVA, PRAVEER BHATNAGAR, JJ.
Rajat Yadav, Son Of Shri Nihal Singh and Ors. – Petitioners
Versus
Rajasthan High Court, Jodhpur Through Registrar General and Anr. - Respondents
D.B. Civil Writ Petition No. 7564 Of 2023 Connected With D.B. Civil Writ Petition No. 7995/2023, D.B. Civil Writ Petition No. 7404/2023, D.B. Civil Writ Petition No. 7485/2023, D.B. Civil Writ Petition No. 7493/2023, D.B. Civil Writ Petition No. 7801/2023, D.B. Civil Writ Petition No. 7855/2023, D.B. Civil Writ Petition No. 7884/2023, D.B. Civil Writ Petition No. 7886/2023, D.B. Civil Writ Petition No. 7893/2023, D.B. Civil Writ Petition No. 7911/2023, D.B. Civil Writ Petition No. 8036/2023, D.B. Civil Writ Petition No. 8355/2023, D.B. Civil Writ Petition No. 8356/2023, D.B. Civil Writ Petition No. 8368/2023, D.B. Civil Writ Petition No. 8378/2023, D.B. Civil Writ Petition No. 8379/2023, D.B. Civil Writ Petition No. 8381/2023, D.B. Civil Writ Petition No. 8382/2023, D.B. Civil Writ Petition No. 8383/2023, D.B. Civil Writ Petition No. 8384/2023, D.B. Civil Writ Petition No. 8385/2023, D.B. Civil Writ Petition No. 8386/2023, D.B. Civil Writ Petition No. 8387/2023, D.B. Civil Writ Petition No. 8389/2023, D.B. Civil Writ Petition No. 8390/2023, D.B. Civil Writ Petition No. 8391/2023, D.B. Civil Writ Petition No. 8434/2023, D.B. Civil Writ Petition No. 8435/2023, D.B. Civil Writ Petition No. 8436/2023, D.B. Civil Writ Petition No. 8437/2023, D.B. Civil Writ Petition No. 8438/2023, D.B. Civil Writ Petition No. 8439/2023, D.B. Civil Writ Petition No. 8444/2023, D.B. Civil Writ Petition No. 8453/2023, D.B. Civil Writ Petition No. 8454/2023, D.B. Civil Writ Petition No. 8455/2023, D.B. Civil Writ Petition No. 8570/2023, D.B. Civil Writ Petition No. 8611/2023, D.B. Civil Writ Petition No. 8613/2023, D.B. Civil Writ Petition No. 8622/2023, D.B. Civil Writ Petition No. 8873/2023, D.B. Civil Writ Petition No. 8922/2023, D.B. Civil Writ Petition No. 8923/2023, D.B. Civil Writ Petition No. 9026/2023, D.B. Civil Writ Petition No. 9371/2023, D.B. Civil Writ Petition No. 9381/2023, D.B. Civil Writ Petition No. 9403/2023, D.B. Civil Writ Petition No. 9757/2023, D.B. Civil Writ Petition No. 9971/2023, D.B. Civil Writ Petition No. 10121/2023, D.B. Civil Writ Petition No. 10330/2023, D.B. Civil Writ Petition No. 10366/2023, D.B. Civil Writ Petition No. 10653/2023.
Decided On : 18-09-2023
For the Petitioners: Mr. R.N. Mathur, Sr. Adv. with Mr. Shovit Jhajharia, Mr. Aditya Sharma, Mr. Ankit Kumar, Mr. utkarsh Dubey, Mr. Ram Pratap Saini, Mr Aamir Khan, Mr. Giri Raj Rajoria, Mr. Gopesh Kumar, Ms. Anita Saini, Mr. Vikas Jakhar, Mr. Ashish Nagarwal, Mr. Arvind Kumar Arora with Ms. Komal Kumari Giri, Mr. Bajrang Sepat, Mr. Shree Ram Dhakar, Mr. Dikshant Jain with Mr. Ashvini Raj Tanwar, Mr. Pritam Singh, Mr. Abhinav Srivastava, Mr. Raghu Nandan Sharma, Mr. Ajay Choudhary, Mr. Nikhlesh Katara, Mr. Sonu Kumar on behalf of Mr. Keshav Kumar Agarwal, Mr. Munesh Bhardwaj, Mr. Sunil Kumar Singodiya, Mr. Kuldeep Aswal, Mr. Prakash Lamba, Mr. Vivek Joshi, Mr. Suresh Khileri, Mr. Shivatma Kumar Tank, Ms. Almas Khanam, Ms. Neha Godara, Mr. Mukesh Kumar Saini.
For the Respondents: Mr. Rajendra Prasad, Sr. Adv. with Mr. Ashish Sharma, Ms. Harshita Thakral, Ms. Dhriti Laddha, Mr. Shailesh Prakash Sharma.
Headnote:
Constitution of India, 1950 - Article 14, 16, (4), 15, 21, 335 - Rajasthan State and Subordinate Service (Direct Recruitment By Combined Competitive Examination) Rules, 1999 - Rule 15 - Rajasthan High Court Staff Service Recruitment Rules, 2002 - Rules 4, 5, 7 & 22 - Rajasthan District Courts Ministerial Establishment Rules, 1986 - Rajasthan State and Subordinate Service (Direct Recruitment By Combined Competitive Examination) Rules, 1962 - Rule 13 - Written examination - Reserve category - Eligibility - Whether candidates belonging to reserve category (vertical reservation), who at first stage of selection of written examination, have obtained marks higher than cut-off marks arrived at for General category candidates are entitled under law, to be included in General/Open category list for purpose of being short listed and called for next stage of selection – Held, All those reserve category candidates, who had obtained marks more than General category candidates, have remained in their respective list, even though, they obtained higher marks as compared to many General category candidates - Had those more meritorious candidates been included in Open/General category, it would have paved way for inclusion of petitioners either in their respective reserve category or in Open/General category - Petitioners, if included in their respective reserve category on account of migration of more meritorious reserve category candidates of their respective category to Open/General category were entitled to appear in skill test - Respondents shall undertake an exercise of revision of category wise list by including in Open/General category list, those candidates of reserve category, who have secured more marks in written examination provided they have not taken or availed of any special benefit which may dis-entitle them from being considered against Open/General category post - Petitions are disposed off.
Based on the provided legal document, the key points are as follows:
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The core issue concerns whether reserve category candidates who score higher than the cut-off for the general category should be included in the open category list for subsequent stages of selection (!) (!) .
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The scheme of examination involves a written test and a typing test on computer, with specific minimum qualifying marks for each stage and category (!) (!) (!) .
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The advertisement and rules explicitly provide for category-wise shortlisting of candidates after the written examination, which is intended to facilitate reservation policies and ensure representation of reserved categories (!) (!) (!) (!) (!) .
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The petitioners argue that merit should be the sole criterion for shortlisting, irrespective of category, and that candidates with higher marks than some general candidates should be included in the open category list, thereby promoting equality and meritocracy (!) (!) (!) .
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The respondents contend that category-wise shortlisting is necessary to uphold reservation policies and that such a process is implicit in the rules and advertisements. They also argue that merit, in the context of the entire selection process including subsequent stages, should be determined only after the final merit list is prepared, not at the interim shortlisting stage (!) (!) (!) .
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Judicial reasoning indicates that the process of shortlisting candidates category-wise after the written examination is supported by the rules and is necessary to give effect to reservation policies. The process of migration of reserve candidates to the open category is only applicable at the stage of final merit list, not during interim shortlisting (!) (!) (!) (!) .
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The law recognizes that reservation is a form of positive discrimination aimed at achieving substantive equality. Reserve candidates who are more meritorious than general candidates should be included in the open category, provided they have not availed of any disqualifying benefits or benefits (!) (!) (!) .
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The court emphasizes that the final merit list, which determines appointments, is only prepared after all stages, including the main examination and interviews. The marks obtained in preliminary or interim stages do not constitute the final merit, and the process of category-wise shortlisting is intended to ensure participation of reserved category candidates in the subsequent stages (!) (!) .
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Any exclusion of reserve candidates with higher marks than some general candidates at the shortlisting stage, solely based on their category, is viewed as discriminatory and contrary to constitutional principles of equality and merit (!) (!) .
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The court directs the respondents to revise the category-wise list to include reserve candidates who have scored more than the cut-off for the general category, ensuring they are considered for inclusion in the open category list unless they have availed of benefits that disqualify them from such consideration (!) (!) .
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The revised process should lead to the reworking of merit lists for both open and reserve categories, with the possibility of adjusting appointments accordingly, and ensuring compliance with constitutional and legal principles of equality and reservation policies (!) (!) .
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The court underscores that participation in the examination process without prior challenge does not bar subsequent challenges to the legality of the process, especially where fundamental principles of equality and merit are involved (!) (!) .
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Overall, the legal framework supports a process where merit is assessed comprehensively at the final stage, and interim shortlisting should not unjustly exclude more meritorious reserve candidates from the open category list, ensuring fair and constitutional implementation of reservation policies.
JUDGMENT :
(Manindra Mohan Shrivastava, J.)
1. Heard.
2. This batch of writ petitions is being decided by this common order as they involve common issue for consideration in these writ petitions.
3. The issue which arises for consideration in this batch of writ petitions is whether candidates belonging to reserve category (vertical reservation), who at the first stage of selection of written examination, have obtained marks higher than the cut-off marks arrived at for General category candidates are entitled under the law, to be included in the General/Open category list for the purpose of being short listed and called for next stage of selection, i.e., Efficiency Test/Typing Test.
4. For brevity and convenience, the facts stated in D.B. Civil Writ Petition No.7564/2023 (Rajat Yadav & Others Versus Rajasthan High Court & Another) are being referred.
5. Factual backdrop leading to filing of the instant writ petitions:-
5.1 An advertisement was issued on 05.08.2022 by the respondents inviting applications for appointment to the post of Junior Judicial Assistant/Clerk Grade-II in Rajasthan High Court as also Rajasthan State Judicial Academy and in the establishment of the District Courts in the State. The advertisement further stated that the process of recruitment includes selection for the post of Junior Assistant in Rajasthan State Legal Services Authority, District Legal Services Authority, Taluka Legal Services Authority and Permanent Lok Adalat in the State. Reservation was also provided for reserve categories viz. Scheduled Caste (SC)/Scheduled Tribe (ST)/Other Backward Class (OBC), Most Backward Class (MBC)/Economically Weaker Sections (EWS) including horizontal reservation for various other categories. The advertisement provided for minimum academic qualification, fitness as also age wise eligibility.
5.2 The scheme and syllabus of the examination provided that a competitive examination shall be held to test the ability of the candidates, comprising of Written Test and Typewriting Test on Computer. Note (i) to (v) under Clause 15 of the Advertisement provides for preparation of merit list.
5.3 The petitioners in this batch of writ petitions appeared in the written examination. Petitioners belong to various reserve categories like OBC (NCL), SC & EWS. The respondents issued result of successful candidates, who qualified for the second phase of examination, i.e., Typewriting Test on Computer vide result dated 01.05.2023.
5.4 As per this result, cut-off marks declared for different categories for Non-TSP area were as below:-
| S.No. | Category | Cut-Off Marks |
| 01 | General | 196.3451 |
| 02 | General (Widow) | 135.0103 |
| 03 | General (Divorcee) | 158.7026 |
| 04 | Scheduled Caste | 202.4398 |
| 05 | Scheduled Caste (Women) | 200.0362 |
| 06 | Scheduled Caste (Widow) | 120.0437 |
| 07 | Scheduled Caste (Divorcee) | 166.5399 |
| 08 | Scheduled Tribe | 192.0553 |
| 09 | Scheduled Tribe (Widow) | 120.4113 |
| 10 | Scheduled Tribe (Divorcee) | 122.3075 |
| 11 | Shariya Tribe | 135.1360 |
| 12 | Other Backward Class-NCL | 230.4431 |
| 13 | Other Backward Class-NCL (Women) | 226.2512 |
| 14 | Other Backward Class-NCL (Widow) | 142.9102 |
| 15 | Other Backward Class-NCL (Divorcee) | 209.9972 |
| 16 | More Backward Class-NCL | 203.3569 |
| 17 | More Backward Class-NCL (Women) | 201.6867 |
| 18 | More Backward Class-NCL (Widow) | 139.8478 |
| 19 | More Backward Class-NCL (Divorcee) | 148.3763 |
| 20 | Economically Weaker Sections | 224.5384 |
| 21 | Economically Weaker Sections(Widow) | 150.6860 |
| 22 | Economically Weaker Sections(Divorcee) | 210.7884 |
5.5 The cut-off marks for various reserve categories like SC, OBC-NCL, MBC-NCL and EWS were higher than the cut-off marks provided for the General category.
5.6 At this stage, the petitioners in these writ petitions belonging to different categories, who secured more marks than the cut-off marks of the General c