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2023 DIGILAW 473 (RAJ)

Jagdish Bhakar v. State of Rajasthan

2023-02-09

PUSHPENDRA SINGH BHATI

body2023
ORDER : (Pushpendra Singh Bhati, J.) These writ petitions under Article 226 of the Constitution of India have been preferred, in sum and substance, with the following prayers and for the sake of convenience, the prayer clause is being taken from the case being S.B. Civil Writ Petition No.13861/2018. "A. By an appropriate writ, order or direction, the cut-off dated 03.09.2018 (Annex.6), Provisional Selection list dated 03.09.2018 (Annex.7) and any order denying the selection and appointment of the petitioner for the post of Special Teacher Grade-III (Level-II) (MR) Social Studies in pursuance of the advertisement dated 31.07.2018 (Annex.4) may kindly be quashed and set aside. B. By an appropriate writ, order or direction, the respondents may kindly be directed to consider the candidature of the petitioner against the cut-off marks of unreserved category while given the 5% relaxation in his percentage marks of graduation for selection and appointment post of Special Teacher Grade-III (Level-II) (MR) Social Studies as per the condition no.9.4 of the advertisement dated 31.07.2018. C. By an appropriate writ, order or direction, the respondents may kindly be directed to prepare afresh selection while considering the name of the petitioner as per his qualification and as having higher marks than the cut-off of his respective category for the post of Special Teacher (Level-II) (MR) Social Studies in pursuance of the advertisement dated 31.07.2018. D. By an appropriate writ, order or direction, the respondents may kindly be directed to permit the petitioner in the further selection process and provide the appointment as per his qualification and merit status on the post of Special Teacher (Level-II) (MR) Social Studies in pursuance of the advertisement dated 31.07.2018, with all consequential benefits." 2. The bone of contention is that the petitioners, who are belonging to reserved category, sought recruitment arising out of advertisement dated 31.07.2018 for Teacher Grade-III and associated posts. The point of dispute is that for the recruitment in question, the merit of reserved category has gone above the merit of the general category and therefore, the contention of learned counsel for the petitioner is that it is an upward movement and thus, the persons belonging to the reserved category concerned and having secured higher marks than the General Category, while being in their respective reserved category, ought to be given appointment on the post in question, against the post meant for the general category candidates. 3. 3. Learned Additional Advocate General Mr. Pankaj Sharma clarifies two things which are common to all the matters; one is that all the petitioners are below the merit of general category and second thing is that upward movement has been ruled out from the general category, which is admittedly lower, as the same would have been possible only if the petitioners had not taken any concession apart from fee in the reserved category concerned. It is admitted position that the petitioners had taken a concession of relaxation of 5% in the basic qualification of graduation and thus, they are not entitled for the upward movement. 4. In support of above contention, learned counsel for the respondent has relied upon the judgment rendered by Hon'ble Apex Court in Deepa E.V. v. Union of India & Ors. reported in (2017) 12 SCC 680 and Gaurav Pradhan & Ors. v. State of Rajasthan & Ors., reported in (2018) 11 SCC 352 . 5. This Court, after examining the position of law as well as submission made hereinabove, finds that in Deepa E.V. (supra) and Gaurav Pradhan (supra) clearly laid down the law that if a person takes any advantage of a reserved category, apart from the fee concession, then he will not be entitled for movement into general category. The case law cited by learned counsel for the respondent is absolutely applicable in the present case. 6. Thus, in view of above, the writ petitions are dismissed. All pending applications also stand disposed of.