BAWINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Learned counsel for the petitioner submits that the petitioner belongs to SC-B Category and he has secured 25 marks. In the general category there are certain candidates who have secured less marks than that of the petitioner. In these circumstances, though the petitioner belongs to SC-B Category, but he has got more marks than the last candidate who has been selected in the general category. In this view of the matter, the petitioner though applied in the reserved category, yet he is to be switched over to the general category and if he has a preferential claim than that any one of them who has got lower marks than the petitioner, in such a situation, the petitioner has to be accommodated.

(2.) The learned counsel appearing on behalf of the respondents does not dispute this proposition of law and rightly too. In these circumstances, I dispose of this writ petition by giving directions to the respondents to examine this aspect and if the petitioner is more meritorious in the general category, then he shall be accommodated and the person who is going to be affected may be affected according to law. This exercise shall be completed within one month from the date of receipt of a copy of this order. Till this exercise is completed, the service of the petitioner shall not be terminated. Orders accordingly.