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TARLOK SINGH CHAUHAN, SUSHIL KUKREJA
Prashant Sharma – Appellant
Versus
Himachal Pradesh Road Transport Corp. – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
The instant petition has been filed for grant of the following substantive relief:-
2. The respondent issued an advertisement dated 03.08.2017 thereby inviting applications of qualified candidates for filling up for 715 posts of Transport Multi Purpose Assistant (TMPA) of General Category, out of which 104 were to be filled up from General BPL, 13 from General FF, 117 from General Ex serviceman and 39 from sports.
3. The petitioner appeared in the written test and was shortlisted for valuation of documents. The petitioner secured 74 marks in the written test and 4.38 marks in the evaluation and in this way he secured 78.38 marks.
4.
Candidates from reserved categories, based on their own merit, can be selected in the general category without being counted against the reserved quota, and the prescribed percentage of reservations ....
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....
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.
The court clarified the distinction between horizontal and vertical reservations and ruled that candidates applying from the open category cannot be denied placement based solely on their reserved ca....
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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