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MUNNURI LAXMAN
Jasveer S/o Jagdish – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The petitioner applied for the post of ‘Safai Karmchari’ in pursuance of the notification/advertisement dated 13.04.2018 under the general category. His grievance is that the candidates belonging to the reserved category were recruited under the general category therefore, the petitioner had been deprived from the consideration under the general category.
2. Learned counsel representing the petitioner submits that similar kind of writ appeals were filed before the Division Bench of this Court and the Court in D.B. Spl. Appeal Writ No. 1733/2018 (Virendra Kumar & Ors. Vs. State of Rajasthan & Anr.) and batch of appeals pronounced the judgment on 09.08.2019 while disposing the appeals. The relevant portion of the said judgment reads as follows:
The court ruled that reserved category candidates who availed age relaxation cannot migrate to general category vacancies, ensuring adherence to equal treatment principles.
Reservation – Appointment on post of Constable (GD) – Whether a reserved candidate who has availed relaxation in fees/upper age limit to participate in open competition with general candidates may be....
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.
(1) Reservation – Relaxation or concession in qualifying examination merely creates a level playing field where no concession or relaxation is granted in ultimate selection and same is solely made on....
Reservation – For allocation of unreserved vacancy to a candidate of reserved category, selection must be on ‘General Standard’ without availing any ‘Relaxed Standard’ in either eligibility or select....
Point of law: if a candidate who secured more marks than the last selected candidate, if a candidate from OBC/BC has secured more marks than the last selected candidate from open category, such candi....
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