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AKIL KURESHI, REKHA BORANA
Hari Narayan Yadav – Appellant
Versus
Rajasthan High Court Jodhpur – Respondent
JUDGMENT
In these cases, the petitioners are Ex-servicemen. They had applied for advertisement issued by the High Court administration on 22.07.2020 for the post of drivers. They have not been shortlisted on account of the criteria applied by the High Court calling ten times the number of candidates compared to the notified vacancies. They have raised an issue of such cut off marks being wrongly applied and also argued that in case of Ex- servicemen, special consideration should apply. Learned counsel for the respondents pointed out that both these issues have been decided by this Court. The validity of cut off marks as applied in the present selection process came up for consideration before the present Division Bench in Khushi Ram Gurjar v. Rajasthan High Court in Civil Writ Petition No.10274/2020 and connected petitions decided on 28.10.2021 in which after referring to earlier Division Bench judgments of this Court and several Supreme Court judgments, the action taken by the High Court administration in providing such cut off marks has been upheld. With respect to the question of such cut off marks for Ex-servicemen, we are informed that issue is covered by the judgment of Divisi
The court affirmed that cut-off marks in recruitment processes are valid and do not require separate provisions for Ex-servicemen.
Reservations for physically handicapped candidates are horizontal reservations and do not mandate the preparation of a separate category with declared cut off marks.
Appointment on posts of Civil Judge and Judicial Magistrate under Civil Judge Cadre – Candidates who consciously took part in process of selection cannot be permitted to question advertisement or met....
The petitioner, having participated in the selection process without protest, cannot challenge the same upon being declared unsuccessful. The reservation for PwD is a horizontal reservation, and cand....
The level of performance for Ex-serviceman candidates should not be affected by relaxation of standards.
The court ruled that reservations for Ex-Servicemen must be applied horizontally rather than vertically to comply with constitutional mandates, ensuring fair selection and not exceeding the 50% cap o....
(1) Advertisement, made pursuant to a notification, binds parties – It has got all trappings of a statutory prescription unless it becomes contrary to either a rule or an Act – Change can only be bro....
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