ROHIT BHOIL Vs. STATE OF H P

JUDGEMENT

(1.) The issue referred to the Larger Bench, reads as follows:

(2.) The reference was necessitated in view of the Division Bench decision of this Court in Amarjeet Singh Chadha v. State of H. P., 2009 AIR(HP) 2581, wherein it was held that even in a situation where there is no reservation for scheduled caste/scheduled trible category of candidates and in case there is seat available in the general category, the same can be allotted to the candidate belonging to SC/ST community, though, he had scored only less than 50% marks though the eligibility for general candidates is 50%.

(3.) Amarjeet Singh's case (supra) pertains to admission to MDS courses for the academic Session 2009-2012. Of the five seats available, two were to be allotted to the in-service (GDO) general and three direct general. For the academic session 2009-2012, as per the roster maintained in the matter of admissions, there was no seat available to be allocated in the reserved category of SC/ST. The petitioner an in-service candidate and belonging to scheduled caste category, appeared in entrance examination but scored only 43% marks. For the un-reserved category the eligibility is 50%. In the absence of any eligible candidate in the in-service general category where the eligibility is of 50% marks, the Division Bench held that the petitioner Amarjeet Singh being an in-service candidate and belonging to scheduled caste community, should be treated as eligible though he has scored only less than 50% marks. We may extract the paragraphs 26 to 32 of the judgment, which read as follows :