RAJASTHAN PUBLIC SERVICE COMMISSION Vs. MEGHA SHARMA

JUDGEMENT

(1.) The common issue involved in all these review petitions is whether the list of candidates eligible to undertake main examination on the basis of their marks obtained in the screening test, was required to be prepared permitting migration of reserved category candidates to open category on the basis of their higher marks or the procedure adopted by the RPSC in preparing it categorywise, was correct and whether the reservation has to be applied at the time of final selection only i.e. preparation of the final merit list or at every stage of the recruitment process.

(2.) These review petitions have been filed seeking review of the judgement dated 8.5.2019 whereby, the intra court appeals preferred against the order dated 2.8.2018 passed by the learned Single Judge allowing the writ petitions filed by the respondents herein/the unsuccessful candidates, have been partly allowed.

(3.) The facts in brief are that the Rajasthan Public Service Commission (for short-'the RPSC') vide advertisement dated 16.7.2015 invited applications for 37 posts of Assistant Professor (Obst. and Gyn.). It was stipulated in the advertisement that in case of receipt of a large number of applications in comparison to the posts advertised, the RPSC shall conduct screening test to shortlist the candidates and the marks obtained in the screening would be for the purpose of shortlisting only. The criteria of selection was marks obtained in the interview of such shortlisted candidates. The screening test was conducted on 15.3.2016 and in the result declared on 9.6.2016, total 114 candidates were declared eligible to participate in the interview. The RPSC declared the select list on 18.5.2017 on the basis of marks obtained in the interviews permitting migration. Assailing the method and manner of the recruitment process carried out by the RPSC, the writ petitions were filed by the candidates who could not make to the list of eligible candidates contending therein that the RPSC erred in preparing the list of the candidates eligible to participate in interview categorywise; whereas a general merit list of candidates as per marks obtained by them in the screening test should have been prepared. It was submitted that it resulted into calling the candidates for interview categorywise. It was further contended that if the candidates were shortlisted for interview categorywise, the same procedure should have been adopted while preparing the final select list and a candidate who was called for interview from Scheduled Caste Category, ought to have been selected against that category post only and migration could not have been permitted. The writ petitions were allowed by the learned Single Judge inter alia on the premise that either a common merit list of the candidates shortlisted for interview should have been prepared by the RPSC on the basis of marks obtained by them in the screening test or if the candidates were shortlisted categorywise, they should have been permitted to participate in the interview in their respective category only. Accordingly, the select list dated 18.5.2017 was quashed and the RPSC was directed to re-frame the select list.