Early Times Report
Jammu, May 19: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today held that "the rule of reservation needs not to be followed while shortlisting candidates for an interview".
The bench also held that while shortlisting candidates for oral interview, if category-wise candidates based on communal roster are shortlisted, it would be detrimental to the meritorious candidates belonging to reserved categories.
The court directive came in a bunch of petitions, submitting that respondent No 3 and 4 invited applications from eligible candidates vide December 30, 2008 notification for direct recruitment to junior scale of J&K administrative services, police gazetted services and accounts gazetted services in accordance with December 1, 2008 SRO 387 read with SRO 393 and PSC (conduct of examinations) rules, 2005.
Of the 398 advertised posts, 210 were for junior scale of J&K administrative services, 84 for police gazetted services and 104 for accounts gazetted services.
The petitioners, who belong to different reserved categories, appeared in the preliminary examination conducted by PSC on May 23 and May 24, 2010 and qualified it.
They appeared in the main written examination, but when the result was declared on September 30, 2010, their names were not there in the shortlist. As per the J&K Reservation Rules, 2005, direct recruitment has to be made under Rule 4 of the Reservation Rules, 2008 which states that 8 pc posts are to be filled from SC category, 10 pc from ST category, 2 pc from weak and under privileged classes (social castes), 3 pc from residents of areas adjoining LoC, 20 pc from residents of backward areas (RBA), 6 pc from ex-servicemen and 3 pc from physically challenged persons.
Accordingly, out of 398 posts, 225 posts were to be filled from open merit category and the rest from reserved categories, ie 80 posts from RBA category, 31 from SC category, 40 from ST category, 14 from LoC category and eight from OSC category. As per the scheme of selection, PSC is entitled to shortlist candidates to be called for viva voce at the ratio of 1:3.
HC observed that in the open merit category, candidates were accommodated purely on the basis of marks secured by them. As per the select list, 225 candidates were selected in open merit category, with the last selected candidate securing 1128 marks, except four candidates who were selected under physically handicapped category.
In RBA category, 80 candidates were selected, with 79th candidate securing 1051 marks in the final selection and the 80th selected candidate was physically handicapped.
In SC category, 31 candidates were selected, with last candidate securing 1001 marks. Under ST category, 40 candidates were selected, with the last candidate securing 1006. In ALC category, 14 candidates were selected and the last selected candidate had secured 1060 marks. In OSC category, eight candidates were selected, with the last selected candidate securing 1094 marks.
The bench, after hearing the two sides, the bench said "having regard to the well accepted proposition of law that while shortlisting candidates for viva voce, reservation rules need not to be followed, we are in perfect agreement with the order of the single judge. There is no merit to accept any of the contentions raised by the appellants".
With these observations, the bench dismissed the LPAs. (JNF) |
