Government authorities must fully adhere to established reservation policies without arbitrary deviations.

ORDER

Hon'ble Dr. Sumeet Jerath, Member (A):

The instant OA has been filed by the thirteen applicants under Section 19 of the Administrative Tribunals Act , 1985, seeking the following reliefs :-

"8. a) Direct the respondents to adhere to the EWS reservation policy of the Govt., implement it fully by providing entire quantum of 10% EWS reservation and provide total 104 vacancies towards EWS category for the post code 35/21, post of TGT (Natural Science) (Male) and

b) Further consider and appoint the applicants to the post of TGT (Natural Science) (Male) post code 35/21 and

c) Accord and extend benefits of Court order dated 08.02.2023 in OA No. 2059/2022.

d) Accord all consequential benefits including seniority and monetary benefits.

e) Award costs of the proceedings; and

f) Pass any order/relief/direction(s) as this Hon'ble Tribunal may deem fit and proper in the interests of justice in favour of the applicant."

2. The conspectus of the case as per the counsel of the applicants is that pursuant to the advertisement No. 02/21 published by the respondents for filling 1040 posts of TGT (Natural Science) (Male) (Post Code 35/21), the applicants who belonged to EWS category applied for the same and successfully participated in the selection process.

As per the learned counsel, they were shortlisted also however, till date no appointment letters have been issued in their favour. Their main grievance pertains to non-application of 10% EWS Quota as prescribed under the Government policy. According to the learned counsel, the respondents are bound to implement the Government policy in toto framed to fulfil the constitutional obligations i.e., to reserve 10% of 1040 posts of TGT (Natural Science) (Male) (Post Code 35/21) namely 104 posts under the EWS quota and not 29 as has been done in this case. Partial implementation of the same is arbitrary, unreasonable and violative of the objective of such policies. He further averred that instead of providing 10% reservation as prescribed under the Govt. policy, with mode and manner specifically indicated in the model roster of reservation with reference to posts for direct recruitment (forming part of DoPT OM), respondents provided merely 29 vacancies towards EWS quota as against the requisite 10% of 1040 vacancies i.e. 104 vacancies.

Learned counsel pointed out that various other posts viz post code 2/22 (post of TGT (Special Education Teacher) and 30/22 (Post of PGT (Computer Science), entire 10%, EWS quota has been provided. For post code 2/22, towards a total of 364 vacancies, 36 vacancies have been provided towards EWS reservation. Likewise, as against 19 vacancies advertised towards post code 30/22, 2 vacancies have been notified for EWS reservation. He further averred that even though respondents are bound by the reservation policy, they continued with the selection process unmindful of the Govt. policy and not only conducted the exam and shortlisted candidates in December 2021 but have also declared the final results on 28.07.2022. The respondents have miserably failed to adhere to Govt. policy in EWS reservation and have declared the results where only 29 EWS candidates have been placed in select list and where the last selected EWS candidate has obtained 111.86 marks. The applicants are such shortlisted candidates who have obtained marks close to the marks of last candidate. Had the respondents fully implemented the EWS reservation policy of the Govt. and provided 104 vacancies towards EWS category, the applicants would have surely found place in select list.

It is also stated that the applicants preferred representations to the respondents on 13.02.2023 and 14.02.2023 (Annexure A/10) (colly). However, respondents ignored the same and are actively processing