Reserved Category Candidate Who Scores More Than Last Unreserved Category Candidate Entitled To General Seat: Gauhati High Court

While allowing the writ petition, the single bench of Justice Achintya Malla Bujor Barua held:

“as the petitioner had secured more marks than the last selected general category candidate, we are of the view that the petitioner is entitled to be selected and appointed as Constable (GD) as general category candidate.”

It was the case of the petitioner that he has participated in a selection process for the posts of Constable (GD) in the CAPFs pursuant to an employment notice dated 21.07.2018. Being candidates belonging to OBC category, the petitioner was entitled to a relaxation in the required height and size of chest. By availing such relaxation as regards height and chest, the petitioner entered the selection process as OBC category candidate.

The petitioner contended that he has availed the relaxation in height and size of chest, being OBC category candidate, in the selection process as per merit, the petitioner was above the merit of the last selected general category candidate and as such claimed that he should be selected and appointed as general category candidate.

The court observed that it is an admitted position of the parties that the last selected candidate in the OBC merit wise was in a higher position than the last selected candidate in the general category and in the circumstance, the petitioner as OBC category candidate was not eligible in the category of OBC, but his merit performance made them to be placed at a position higher than the last selected general category candidate.

The court held that the petitioner is entitled to be selected under general category as he has secured more marks than the last selected general category candidate.

Accordingly, the court directed the respondents to pass a reasoned order by taking note of the conclusion arrived in the present judgement and issue appropriate appointment orders.

Case Title: Biplab Karmakar v. The Union of India & 7 Ors.

Citation: 2023 LiveLaw (Gau) 26

Coram: Justice Achintya Malla Bujor Barua

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