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AKIL KURESHI, REKHA BORANA
Secretary – Appellant
Versus
Unnati Jain – Respondent
JUDGMENT
DB Civil Misc. Appln. No.551/2020 in DBSAW No.856/2020 DB Civil Misc. Appln. No.173/2021 in DBSAW No.398/2021 DB Civil Misc. Appln. No.552/2020 in DBSAW No.868/2020 DB Civil Misc. Appln. No.192/2021 in DBSAW No.341/2021
1. These applications are filed by the appellants State Government as well as Rajasthan Public Service Commission (for short 'the RPSC') seeking condonation of delay caused in filing the respective appeals. For the reasons stated in these applications and those made out before us during course of the arguments, delay is condoned. The applications are disposed of.
D.B. Civil Special Appeal (Writ) Nos.856/2020, 398/2021, 868/2020, 341/2021:-
2. These appeals arise out of the common judgment of the learned Single Judge dated 20.12.2019 passed in Civil Writ Petition No.12691/2017(in case of Nilesh Kumar Jain and Ors. Vs. State of Rajasthan and Anr.), Civil Writ Petition No.12688/2017(in the case of Unnati Jain and Anr. Vs. State of Rajasthan and Ors.) and Civil Writ Petition No.13422/2017(in the case of Naveen Kumar Khandal and Ors. Vs. State of Rajasthan and Ors.).
3. Brief facts are as under:-
4. Part 10 of the Constitution of India pertains to Scheduled and Trib
Candidates from Scheduled Areas must be appointed and posted according to their selection for Scheduled Area vacancies, respecting their rights under the applicable rules.
A candidate belonging to a reserved category, if selected under the General/Open Category, is entitled to be considered for posting as per his or her preference on the basis of his or her merit among....
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....
Reservation policies in public employment must prioritize merit; candidates from reserved categories who qualify for general positions based on merit are to be treated as general category candidates.
Reserved category candidates who score above the general category cut-off must be treated as general candidates, ensuring merit prevails in recruitment processes as mandated by the Constitution.
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