A division bench of the Uttarakhand High Court led by Chief Justice Vipin Sanghi affirmed the decision of this very High Court that reserved category candidates could not be excluded from consideration for General Category seats.
Facts:
The Appellants participated in the recruitment process for appointment of Village Panchayat Development Officer in District Uttarkashi, which was conducted by Uttarakhand Subordinate Service Selection Commission. The names of the Appellants initially found mention in the select list, they were removed in light of the Judgment of the court in Writ Petition (S/S) No. 3820 of 2018. In the said petition, the petitioner challenged the select list on the grounds that she was more meritorious than the selected candidates, she secured more score than other candidates but here candidature was not considered due to the reason for her belonging to a reserved category. A single judge bench of the court ruled in favour of the Petitioner which led to the ouster of the names of the present Appellants, and it is against this order that the Appellants have approached the High Court claiming that they should have been made party to the Petition.
Observations:
The court acknowledged and relied upon the finding of the single judge that a reserved category candidate cannot be excluded from consideration against the general category post, if such candidate is more meritorious, and is in a position to secure a general category post on his/her own merit, and that such a candidate would be adjusted against the general category post. Therefore, merely because a candidate belongs to a reserved category, they cannot be excluded from being considered against the general category post.
On the contention that the present appellants were not made parties to the writ petition, the court held that the Petitioner in the alleged writ petition was not bound to implead the appellants as parties. The Petitioner was aggrieved by the incorrect procedure adopted by the respondent- Commission in preparation of the merit list. She had no grievance against the appellants. The writ proceedings were contested by the Uttarakhand Subordinate Service Selection Commission and they even preferred the special appeal against the judgment of the learned Single Judge. It is not that the appellants could have advanced any submission, which would make a difference to the decisions rendered by the learned Single Judge, as well as by the Division Bench of this Court, which are premised in several decisions of the Supreme Court.
Decision:
The court did not find any merit in the special appeal of the appellants and dismissed by the appeal for the abovementioned reasons.
Case: Preeti & another v State of Uttarakhand & Others
Citation: Special Appeal No. 327 of 2022
Date: 18.10.2022
Coram: Chief Justice Vipin Sanghi and Justice R.C. Khulbe
Read Judgment @LAtestlaws.com
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