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PUSHPENDRA SINGH BHATI
Jagdish Bhakar – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. the basis for the petitions and the nature of the recruitment dispute. (Para 1 , 2) |
| 2. clarification on eligibility and upward movement in categories. (Para 3 , 4) |
| 3. interpretation of relevant case law on category movement. (Para 5) |
| 4. dismissal of petitions and disposal of applications. (Para 6) |
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% rela
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.
Meritorious reserved category candidates shifted to general category retain entitlement to preferred district allotment as per reserved merit position to prevent disadvantage from higher performance.
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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