DEEPA E V Vs. UNION OF INDIA

JUDGEMENT

(1.) The Export Inspection Council of India (2nd respondent) functioning under the Ministry of Commerce and Industry, Government of India invited applications for the post of Laboratory Assistant Grade II by a notification. According to the same, there were three vacancies in the Kochi Office of the Agency. Among these three vacancies, one was reserved for 'other backward classes'. The remaining two vacancies were intended for candidates from general category. The petitioner belonging to Dheevara community, which is one of the 'other backward classes' in the notification, submitted an application. After participating in the interview, she was selected and included in a rank list for the OBC candidates prepared by the respondents. Following the new list, a member of the Latin Catholic Community who has secured the highest rank in the category was appointed. According to the petitioners, the remaining two vacancies intended for general category still remain vacant because of the non - availability of candidates from the said category. According to the petitioner, there is no barrier to effect the appointment of the petitioner who is entitled to be appointed pursuant to the inclusion in the rank - list in view of the existence of vacancies. She alleges that if not selected, she would become over - aged in submitting application for the employment either under the Government or under the statutory authority. It is with this background, the petitioner come up before this Court.

(2.) In the counter - affidavit filed by the respondents, they would contend that the Export Inspection Council follows the Government of India's policy on reservation in recruitment / promotion etc. to various categories. According to them, as per the notification, there were two posts for general category candidates and one post for OBC candidates. The respondents would contend that, the petitioner who was above 26 years became eligible for participation in the recruitment process only on relaxed standards in terms of age limit as she belongs to OBC category. The four candidates conforming to the eligibility criteria prescribed for general category qualified for interview against the two posts of general category could not secure the cut off marks in the interview and therefore, none could be finally selected against the general vacancies. Thus, both the vacancies remained unfilled. According to the respondents, the petitioner who participated in the recruitment process on relaxed standards cannot claim the posts reserved for general candidates. According to them, the question of offering unreserved vacancy to a reserved category candidate does not arise as per the reservation policy of the Government of India.

(3.) Arguments have been heard.