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PUSHPENDRA SINGH BHATI
Jagdish Bhakar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(Pushpendra Singh Bhati, J.)
These writ petitions under Article 226 of the Constitution of India have been preferred, in sum and substance, with the following prayers and for the sake of convenience, the prayer clause is being taken from the case being S.B. Civil Writ Petition No.13861/2018.
B. By an appropriate writ, order or direction, the respondents may kindly be directed to consider the candidature of the petitioner against the cut-off marks of unreserved category while given the 5% relaxation in his percentage marks of graduation for selection and appointment post of Special Teacher Grade-III (Level-II) (MR) Social Studies as per the condition no.9.4 of the advertisement dated 31.07.2018.
C. By an appropriate writ, order or direction, the respondents may kindly be directed to prepare afresh sele
It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised.
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.
The court ruled that reserved category candidates who availed age relaxation cannot migrate to general category vacancies, ensuring adherence to equal treatment principles.
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