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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, SANJEET PUROHIT
Rohit Kumar Son Of Shri Ganeshi Lal – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary – Respondent
| Table of Content |
|---|
| 1. appellants dispute their exclusion from the general category lottery. (Para 1 , 2) |
| 2. arguments regarding the improper guidelines affecting eligibility. (Para 3 , 4) |
| 3. discussion on procedural integrity in lottery candidates' selection. (Para 5 , 8 , 9) |
| 4. court's decision mandating a new lottery selection process. (Para 10 , 11) |
| 5. final ruling to allow the appeal. (Para 13) |
Order :
1. The appeal has been filed assailing the order passed by learned Single Judge dated 13.01.2023. The learned counsel submits that the learned Single Judge has erred in denying the relief claimed by them of being considered along with other open category candidates and outstaying those reserved candidates who had already taken advantage of participating in the draw of lots in any category of SC/ST/OBC.
2. Learned counsel for the appellants submits that the decision taken by the State Government dated 29.05.2018 was only erroneous resulting in giving duly benefit to the SC/ST/OBC and SBC for which first lottery was taken up of the applicants. The order dated 29.05.2018 allows those candidates who were left out from selection in the lottery conducted for them to be included again in general
Candidates benefitting from reserved categories may not participate in general category selections; adherence to procedural integrity is paramount.
Candidates applying under a specific category cannot later claim rights under a different category if they do not meet the eligibility criteria for that category.
The court ruled that reserved category candidates who availed age relaxation cannot migrate to general category vacancies, ensuring adherence to equal treatment principles.
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.
Candidates cannot be penalized for not submitting documents not specified in the original advertisement, ensuring a fair and transparent selection process.
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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....
The court affirmed the right of a disabled candidate to be appointed under the PwD category despite administrative errors, emphasizing the need for rectification of such mistakes.
Candidates from reserved categories, if selected on the basis of their own merit, cannot be counted against the quota for their vertical reservation categories. The application of horizontal reservat....
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