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6 views

Rejoinder

Uploaded by

lawcellgntdiv
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© © All Rights Reserved
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1.

There is no express rule stating that all candidates who participated in


selection process should secure 40% marks to consider against the
Unreserved Vacancies.
2. As per the Notification, the relaxation in the minimum qualifying marks in the
written examination, granted under rule 13.5 is actually to the candidates
and not to the post earmarked to reserved categories.
3. The rule 13.5 is not framed in such manner as to apply the relaxed criteria
only to the category of post sought to be filled up.
4. Gaurav Pradhan And Ors Vs The State of Rajasthan And Others (20180 11
SCC 352 at 22nd and 23rd para
“The fixation of varied qualifying marks in the written exam to
the candidates of reserved category and compete for an unreserved
vacancy is in accordance with the Constitution of India and law laid
down by the supreme Court.
5. Since there is no express bar for reserved candidates who have availed the
relaxed eligible criteria from being considered for vacancies kept unreserved.
6. As per rule 13.5, minimum qualifying marks for OC’s candidates are 40%
marks for consideration of selection. Except One (1) candidate who got
selected for post, none other OC candidates secured the qualifying marks
prescribed under notification.

7. It may be true that some OC female candidates secured more mark than the
Applicant but they have not secured the qualifying marks prescribed to them.

8. The Hon’ble Commission deleted Question no. 38, 63, 71 and 127 questions
in Hindu Law and revised 3 answers to question nos.100,116 and 129 after
taking objections from the candidates who appeared to the selection process.

9. The Applicant has finally secured 157.95 out of 446 marks but not 157.95 out
of 450.

10. As per the rule 13.7 of the notification my applicant marks would be
rounded off to 159. Finally the minimum qualifying marks BC is 156.1out
of 446.

11. Whether a reserved category candidate, to be eligible for


selection as against an unreserved vacancy, should have
secured the minimum qualifying marks prescribed for open
category candidates, or whether he is entitled to claim the
benefit of relaxed eligibility to this question from judicial
precedents

This Hon’ble High Court vide its order dated 24.10.2018 in WP No. 26305 of
2018 Vijay Goutam Dabbiru S/o Late C.P Suresh Vs The Hon’ble High Court of
Judicature at Hyderabad for the State of Telangana and State Andhra Pradesh
rep by Registrar upheld decision of selection board for calling a BC candidates
who secured minimum qualifying marks against the UR post and further held
that in

Para 16 as “ It appears from the language employed in the proviso


that the object of the proviso is to provide a relaxed eligibility
criteria for candidates belonging to the reserved categories. The
object does not seem to be to provide a relaxed eligibility criteria
only to those considered under the exclusive streams. In other
words, the relaxed eligibility criteria are not restricted in its
applications only to the opting to take the reserved category route.

Para 17 as the law is well settled that the reserved category


candidates are entitled to ride two horses by competing with others
in the open category on their own merit and also by choosing to
enforce the right of reservation. The proviso to Rule 6 (4) is not
framed in such a manner to make the benefit of relaxed criteria only
to those who opt to take the reservation route.

para 33 as “ We have already extracted sub rule (4) of Rule 6 and


the proviso there under of the Andhra Pradesh State Judicial Service
Rules. The relaxation in the minimum qualifying marks in the written
examination, granted under the proviso to Rule 6(4) is actually to
the candidate and not to the post earmarked for reserved
categories. The proviso is not framed in such a manner as to apply
the relaxed criteria only to the category of post sought to be filled
up.

12. The Hon’ble Supreme Court in JITENDRA KUMAR SINGH Vs STATE OF UTTAR
PRDESH held that “ When the Statue does not bar reservation
category candidates from being considered against general category
category vacancies, there could be no legitimate dispute with
reserved category candidates being considered against open
category post.
13.The Hon’ble High Court in Andhra Pradesh Public Service Commission Vs R
Shreedevi And Others on 19 April, 2018 held that
“ Age relaxation does not constitute a reservation in itself but it
merely allows those falling in a disadvantaged category the right to
be brought within the zone of consideration so as to compete with
others. Once a reservation category candidate competes for
selection, be it by availing age relaxation or otherwise, he would be
on par with a open category candidate if he figures in the select list
on the strength of his own merit. The understanding of the APPSC
that a reservation category candidate who avails age relaxation
cannot aspire for an open category post therefore defies logic and is
contrary to the constitutional scheme.

The Hon’ble Supreme Court held in Saurav Yadav and Others Vs State of Utter
Pradesh and Others on 18-12.2020 held in Para 74 held that “ I would
conclude by saying that reservations, both vertical and horizontal, are
method of ensuring representations in public Service. These are not be
seen as rigid “Slots” where a candidate’s merit, which otherwise
entitles her to be shown in the “ Open general category, is foreclosed,
as the consequence would be, if the state’s argument is accepted.
Doing so, would result in a communal reservation, thus negating merit.
Social category is confined within the extent of their reservation, thus
negating merit. The open category is open to all, and the only condition
for a candidate to be shown it is merit, regardless of whether
reservation benefit of ether type is available to her or him.

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