JUDGMENT :

S.N. Pathak, J.

The issues involved in all the writ petitions are same, similar or identical and as such all have been tagged and heard together and are being disposed of by this common order.

2. Heard learned counsel for the parties.

3. The core issue involved in all these writ petitions is as to whether benefits of reservations under SC, ST, BC-I and BC-II categories can be given to concerned petitioners even when they failed to produce valid Caste Certificates at the time of verification of certificates in proforma as mentioned in the advertisements or issued prior to last date of submission of on-line application forms by the competent authorities in terms of the respective Advertisements.

4. The writ petitioner in W.P.(S) No. 3887 of 2018 has prayed for appropriate directions upon the respondents to declare him successful in the examination – cum – merit list of BC-I categories Dental Doctors (Basic Grade) Examination held pursuant to Advertisement No. 02/2016 by the JPSC since he has secured 156 marks in total (written plus interview) and, therefore, he should have been placed at 1st position in the final selection list recommended vide forwarding letter no. 1148, dated 27.05.2018.

Petitioner has further prayed for quashing the remarks given in the final mark-sheet issued in her favour in which remarks has been made that candidature of the petitioner has been treated in unreserved category due to non-submission of the requisite caste certificate.

Petitioner has further prayed for a direction upon the respondents to consider her case for appointment to the post of Dental Doctors (Basic Grade) in BC-1 category on the ground that she admittedly belongs to BC-1 category and accordingly Caste Certificate has been issued by the competent authority on 16.06.2009.

5. In all the other writ petitions also, petitioners have claimed the benefits of reservation since they have been declared successful in the respective examination conducted by the respective Commissions and have scored more marks than the last selected candidates in their respective categories but their candidatures have been considered in unreserved category only on hyper technical grounds that they have failed to submit the caste certificate as per the online applications and also in proper proforma and not issued by the competent authority and in most of the cases the caste certificates issued after the cut-off date and as such the petitioners were treated in unreserved category and benefits of reservations were not extended to them.

ARGUMENTS ADVANCED BY LEARNED COUNSELS FOR THE PETITIONERS:

6. Learned Sr. Counsels appearing for the petitioners strenuously urges that once petitioners have been allowed to appear in the examination as a reserved category candidates, their candidatures cannot be considered in an unreserved category at a subsequent stage and as such change of categories is not permissible once the petitioners have appeared in the selection process as a candidate of reserved category. Learned Sr. Counsels further argues that petitioners have obtained more marks in their respective categories than the last selected candidates and by changing the categories of the petitioners, the respondents – Commissions are trying to frustrate their candidatures. It has further been argued that the issues involved in the batch of writ petitions are no more resintegra as the same have been affirmed by the Hon’ble Apex Court in the case of Ram Kumar Gijroya. It has further been argued that similar issues fell for considered before this Hon’ble Court in the case of Anil Tanti and the same was affirmed by the Hon’ble Division Bench and also by the Hon’ble Apex Court. Admittedly the caste of the petitioners in their respective categories are not in dispute. Merely as they failed to abide by the terms and conditions of the advertisement which was beyond their reach due to prevailing circumstances, their candidature ought not to have been rejected. It was further argued th