The Gujarat High Court’s single-judge bench of Justice Biren Vaishnav held that general category is open to all meritorious candidates even in those who belong to the reserved category.
Brief Facts:
The Recruitment Board issued an advertisement for the post of sub-inspector, class 3, inviting applications for the available posts, the petitioners took this preliminary exam and aspired to take the main examination. But according to the Rule 8(f) of the posts of sub inspector, class 3 rules 2021, the total number of candidates that were to be called to appear in the main examination were three times the candidates of each category. The petitioners said that the inclusion of reserved category candidates in the list of general category candidates in the merit list of the preliminary exams is unfair and in violation of Articles 14, 15, 16 and 21 of the Indian Constitution.
The petitioners further stated that a new merit list should be prepared for the candidates appearing for the main examination by calling upon three times the candidates of each category without including the candidates of reserved category in the general category for the purpose of appointment. In response to this, the respondents stated that the term general category is implies a category which is open for all categories irrespective of the fact that some people belong to the reserved category.
It was argued by the respondents that according to Rule 8(f), when it comes to the choosing the number of candidates to be called for the preliminary examinations, and especially when a large number of candidates have appeared, the number which is lower in the present case i.e., only a figure of the three times of the number of vacancies are to be called. It was further stated by the respondents that the term 'general category' cannot have two different meanings at two different stages of the examination i.e., one meaning at the time of the preliminary examination and a different meaning at the time of the main examination.
High Court’s Observation:
The High Court observed that, “Keeping in mind the object of the screening test, which is to eliminate unduly large number of persons to appear for the main examinations, if more candidates are called by declaring the results as conceived by the petitioners, the object of Rule 8(f) would be frustrated. The argument on behalf of the State is that policy of reservation has not been given a go-bye and the concept of reservation in tandem with merit has been followed keeping in mind that as per the Rules when qualifying standards are same for the preliminary examinations and the main examinations, then, there is no separate category like General Category and Reserved Category and persons belonging to all categories as Open Category candidates are called and find their place on the list who are otherwise qualified.”
The bench further stated that “…both vertical and horizontal, are method of ensuring representation in public services. These are not to 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, where each 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 in it is merit, regardless of whether reservation benefit of either type is available to her or him.”
High Court Held:
The court after taking note of the arguments put forward by both the petitioner and respondent stated that the object of the screening test is to eliminate an unduly large number of candidates and only the selected ones can appear for the main examinations, however if more candidates are called by declaring the results as conceived by the petitioners, the object of rule 8(f) would be frustrated.
The court held that the respondent state had evolved the concept of merit correctly while considering the policy of reservation in the context of law laid down by the Supreme Court which is the open category is open to all candidates based on their merit despite of the fact that the candidate belongs to the reserved category. The court dismissed the petition.
Case Title: Jatinkumar Kishorkumar Bhatt v. State of Gujarat
Bench: Justice Biren Vaishnav
Citation: R/Special Civil Application No. 9608 of 2022
Decided on: 08 June 2022
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