IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Rahul Lohar S/o Shri Devi Lal Lohar – Petitioner
Versus
State of Rajasthan – Respondent
S.B. Civil Writ Petition Nos. 10313, 11657, 14758, 14762, 14765, 14846, 14847, 14848, 14881, 14918, 14919, 14920, 15501, 15765, 15918, 16319, 16494, 16887, 17228 of 2023
Decided On : 01-12-2023
RECRUITMENT - O.B.C. NCL Category - REET-2022 - Circular dated 16.12.2020, Circular dated 26.07.2017 - The court dismissed the petitions as the reserved category candidates, after availing the relaxation/concession, except fee, cannot be considered under the unreserved category, on the ground that they secured the cut off marks prescribed for the unreserved category.
Fact of the Case:
The petitioners, belonging to O.B.C. NCL Category, passed REET-2022 under the said category and applied for the post of Upper Primary School Teacher Level-I and II. After obtaining more marks than the last cut-off of the general category, their candidature was rejected on the ground of not qualifying under the Unreserved Category.
Finding of the Court:
The court found that the petitioners, after availing the prescribed concessions, cannot demand consideration under the unreserved category in the recruitment process. It observed that granting relief to the petitioners would violate the rights and interests of the unreserved category candidates as per Article 16 of the Constitution of India.
Issues: The main issue was whether the reserved category candidates, after availing the relaxation/concession, except fee, can be considered under the unreserved category based on their marks.
Ratio Decidendi: The court relied on the Circular dated 26.07.2017 and precedent law to establish that reserved category candidates, after availing the relaxation/concession, cannot be considered under the unreserved category, even if they meet the cut off marks prescribed for the unreserved category.
Final Decision: The court dismissed the petitions, stating that the petitioners, after availing the relaxation/concession, cannot be considered under the unreserved category, as it would violate the rights and interests of the unreserved category candidates.
JUDGMENT :
PUSHPENDRA SINGH BHATI, J.
1. Since all the instant petitions involve a common controversy though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No. 11657/2023, while treating the same as a lead case; thus, the rival submissions of the parties and the observations of the Court, in the present order, would also be based, particularly, on the factual matrix of the lead case.
1.1 The prayer clauses of SBCWP Nos.11657/2023 & 14758/2023 read as under:
“It is, therefore, most respectfully prayed that your lordship may graciously be pleased to accept and allow this Writ petition:
(i) Issue a writ order or direction in the nature thereof thereby direct the respondents to consider the R.E.E.T. 2022 eligible certificate for O.B.C. category and consider the candidature in general post is already qualified of petitioners and given appointment to the petitioners on the post of Teacher Grade-III, Level-I and Level-II in T.S.P. area under advertisement No. 12/2022 and 13/2022 dated 16.12.2022 (ANN-1) in the larger interest of justice.
(ii) Issue any other writ, order or direction, which this Hon’ble Court deems fit and proper, may kindly be passed in favour of the petitioners.
(iii) Cost of the writ petition be also awarded in favour of the petitioners.”
SBCWP No. 14758/2023:
“It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed:
(i) By an appropriate writ, order or direction the respondent be directed to consider the candidature of the petitioner in pursuance to Notification no. 13/2012 dated 16.12.2022 (Annexure-3) for the post of Teacher Grade III Level II in subject English and grant the appointment to the petitioner on the post of Teacher Grade III Level II in subject English with all consequential benefits if, petitioner comes into merit.
(ii) By an appropriate writ, order or direction the impugned final selection order dated 15.09.2023 (Annexure-12) may kindly be quashed and set aside to the extent of the not including the name of the petitioner in final selection list and afresh selection list be issued after including the name of the petitioner.
(iii) Additionally by an appropriate writ, order or direction, the respondents may be directed to provide reservation in the recruitment to post of Primary School Teacher (General) (Level-2) to OBC Candidate who belong to TSP Area.
(iv) Any other appropriate order or direction, which this Hon’ble Court deem fit and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”
2. Brief facts of the case, as placed before this Court by learned counsel of the petitioners, are that the respondents issued advertisements no. 12/2022 & 13/2022 dated 16.12.2022 for recruitment of Upper Primary School Teacher Level-I and II. The petitioners belong to O.B.C. NCL Category and passed REET-2022 under the said category.
2.1. Thereafter, the petitioners filled the online application forms under the O.B.C. NCL Category for the post in question. The respondents issued the admit cards for the examination. After conducting the examination, the respondents declared the results of the candidates on 26.05.2023 and 09.06.2023, the respondents issued score cards to the petitioners and the petitioners obtained more marks than the last cut-off of general category.
2.2. Subsequently, at the time of documents verification, the respondents verbally rejected the candidature of the petitioners on the ground that the petitioners did not qualify REET-2022 under the Unreserved Category, rather passed REET-2022 under the Reserved Category. Thus, the present petitions have been preferred claiming the afore-quoted reliefs.
3. Learned counsel for the petitioners submitted that the respondents wrongly refused to consider the REET-2022 certificates of the petitioners,
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