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2017 Supreme(SC) 354

R.BANUMATHI, A.M.KHANWILKAR
DEEPA E. V. – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

R. BANUMATHI, J.

1. This appeal arises out of the judgment of the Kerala High Court in Writ Appeal No.827 of 2015 dated 20.07.2015 whereby the Division Bench affirmed the order passed by the learned Single Judge.

2. The appellant applied for the post of Laboratory Assistant Grade II in Export Inspection Council of India functioning under the Ministry of Commerce and Industry, Government of India. The appellant belongs to Dheevara community which is one of the “Other Backward Class”. Since the appellant was aged 26 years, she got age relaxation, as was granted to OBC category candidates. The appellant was one of the eleven candidates from OBC who were called for interview. The appellant secured 82 marks (in the list of candidates from OBC category). One Ms. Serena Joseph (OBC), who secured 93 marks was selected and appointed.

3. Insofar as the general category is concerned, no candidate has secured the minimum cut off marks i.e. 70 marks. Stating that the appellant has to be accommodated in the general category, she filed a Writ Petition before the High Court, which the learned Single Judge dismissed by judgment dated 16.1.2015. Being aggrieved, the appellant challenged the sam


























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