Reserved category candidates who avail of relaxed standards during an integral screening stage of a selection process are not entitled to migrate or be adjusted against unreserved category vacancies, as such relaxation affects their inherent merit status relative to the general category.

Manish Sharma, Advocate, for respondents No. 7 to 11 and 13 to 15 in LPA No. 506 of 2024 and for respondent No.4 in LPA No. 34 of 2025 : Mr. J.P. Sharma, Advocate, for respondent No.12 in LPA No. 506 of 2024 Bipin Chander Negi, Judge Since the aforesaid two appeals arise out of a common judgment dated 20.11.2024 and raise a common question, hence they are being taken up together. By virtue of the impugned judgment dated 20.11.2024, petitions preferred by the present appellants were dismissed by the learned Single Judge. For the adjudication of the appeals in the case at hand facts in CWPOA No. 5329 of 2019 wherefrom LPA No. 506 of 2024 arises are being considered herein below.

2. The present respondent No.5 had issued an advertisement bearing No. IV-2013 dated 1.1.2013 for selection of various posts to be filled up on the basis of Himachal Pradesh Administrative and Allied Services Competitive Examination, 2013. A perusal of the advertisement Annexure A-1 (page 16 of the writ paper book) reflects that the Himachal Pradesh Administrative Combined Competitive Examination consisted of three successive stages to complete the selection process (See Clause 4 of the Advertisement). Stage-1 was a preliminary examination; it is on the basis of the marks obtained in the preliminary examination that a candidate was to be declared to be qualified by respondent No.5 for admission to the next stage i.e. main examination (See Clause 4.2.6 of the Advertisement). Stage-2 was termed as the main written examination; a candidate who qualifies the main examination was to be called for a viva voce individually. The final selection was to be determined on the basis of written performance in the main examination and viva voce (See Clause 4.4 of the Advertisement). Viva voce was the third stage in the selection process.

3. In terms of the advertisement, specifically Clause 5 therein, for being eligible to participate in the selection process as per the advertisement (Annexure A-1) in the case at hand, a candidate was required to be a citizen of India, having minimum educational qualifications as prescribed and having the requisite prescribed age laid down in the advertisement. Insofar as age and payment of fee for applying under the advertisement are concerned, “relaxed standards” have been prescribed for the reserved category candidates therein.

4. Admittedly, for the purpose of qualifying the preliminary examination, different cut-off marks were prescribed for the General Category and the Reserved Category candidates. It is the case of the appellant that insofar as respondents No. 6 to 10 are concerned, they had not qualified the preliminary examination by obtaining more marks than those prescribed for the General Category candidates. According to the appellant, respondents No. 6 to 10 had gained entry to the main examination based on the “relaxed standards” i.e lower qualifying marks prescribed for the reserved category candidates.

5. The main grievance of the petitioner is that once respondents No. 6 to 10 had cleared the preliminary examination on the relaxed standards, then after the completion of the selection process i.e. main examination and viva voce, the aforesaid respondents could not have been recommended against posts meant for General Category candidates even though in the main examination, the said reserved category candidates i.e respondents No. 6 to 10 may have secured higher marks than the benchmark prescribed for the General Category candidates.

6. In the response filed by respondent No.5, the stand taken is that the preliminary examination is a screening test held to shortlist candidates. The final merit list is to be determined on the basis of marks obtained in the main examination and the viva voce. Since in the main examination respondents No. 6 to 10 had obtained more marks than the cut-off marks prescribed for the General Category, t