PRAJAPATI ISHWARBHAI JOITARAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the order dated 10.10.2012 passed by the learned Single Judge of this Court in Special Civil Application No.13495/12, whereby the learned Single Judge, for the reasons recorded in the order, has dismissed the petition.

(2.) WE have heard Mr.Kogje with Mr.Chaudhary for the appellants and Mr. Prakash Jani, learned GP with Mr.Rakesh Patel, learned AGP for the respondents for final disposal of the appeal.

(3.) HOWEVER , the principal contention raised on behalf of the appellants is that the cutoff marks for the purpose of inclusion in the select list or waiting list should have been fixed by the respondents at the time when the written examinations are held and it is not open to the respondents to fix the cutoff marks at the later stage. It was also submitted that even if the cutoff marks are fixed by the respondents for the respective category of the candidates in the case of horizontal reservation for ExServicemen, in order to accommodate all ExServicemen upto the post advertised, it is required for the respondents to go below the cutoff marks and offer employment for the purpose of selection. The learned counsel in support of his submission, has relied upon the decision of the Apex Court in the case of Rajesh Kumar Daria Vs. Rajasthan Public Service Commission reported at (2007) 8 SCC 785 for explaining the method and manner of applying the horizontal reservation and the selection of the candidates by application of horizontal reservation.