The Punjab and Haryana High Court has held that a candidate irrespective of his/ her caste is allowed to be considered for General Category seat on the basis of merit.
The single-judge bench of Justice Arun Monga, in the case of Om Roj Vs. Haryana Staff Selection Commission and others directed the respondent to consider the petitioner for the post of VLDA against general category for attaining more marks than the last selecting candidate in general category .
BRIEF FACTS:
The petitioner is a EWS category student , who applied for the post of VLDA and appeared for the examination and scored more than the last selected candidates in general and EWS category but was not selected for the post in either of the categories , aggrieved by which the petitioner filed the instant petition.
COUNSEL’S SUBMISSIONS:
Learned Senior Counsel for petitioner submitted that since the petitioner had attained more marks than the last selected candidate in General Category, he ought to have been considered first under General Category. He contended that even if the EWS Category certificate of the petitioner is held to be not valid, he still has a right of consideration under General Category. Ld. Counsel for respondents argued that the petitioner had applied for the post in EWS category, he cannot be considered for general category and since his certificate for the same is invalid he will be ineligible for EWS category. Counsel made reliance on “Union of India Versus Dalbir Singh and others”
HIGH COURT'S OBSERVATIONS
High Court of Punjab and Haryana while adjudicating the matter enlightened on the purview of Article 16 of Indian Constitution which speaks about Equality of Opportunity in matters of public employment. High Court said that in the present case if the right of a candidate to be considered in open general category is withered away then the same would be a violation of article 14 of constitution of India. The Court further made reference to cases of Saurav Yadav Vs. State of Uttar Pradesh, 2020 Latest Caselaw 674 SC wherein the Apex Court established that the claim of reserved category candidates if they are more meritorious, has to be considered.
"In the event, it is the same selection, pursuant to the same very advertisement, then first and foremost all the candidates according to their merit are to be adjusted in open General Category. It is only after all the general category seats are filled up, that the other various vertical categories of reservation shall then open up for the reserved category candidates. Needless to say, in accordance with the merit list.", the Court noted to this regard.
The Court further disagreed with the respondent’s counsel’s reliance on the case of Union of India Vs. Dalbir Singh, 2021 Latest Caselaw 418 SC which says “that once a candidate had opted for and participated in selection pursuant to “separate advertisement” meant for “separate categories” in “separate selection process” having “separate merit list”, he cannot stake his claim on the basi of his merit for consideration in the general category merely because he obtained more marks than the last selected candidate in the separate selection of general category.”
Contrary to above the concerned court said that in the present case selection process was not separate for general and EWS reserved category candidates, but it was a common single process for all categories. Court ordered in the favour of the petitioner by stating that he is entitled to consideration of his claim against a vacancy in General Category on basis of his merit.
Writ petition was allowed with directions to the respondents to consider petitioner’s candidature for post of VLDA in general category in accordance with the marks attained by him.
CASE TITLE: Om Roj Vs. Haryana Staff Selection Commission and others
CASE DETAILS: CWP-2667-2002(O&M) , April 28, 2022
CORAM: Justice Arun Monga
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