SIDHARTH SINGH BHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners herein are the candidates who applied in the OBC category for the post of Mines Foreman Grade-II in pursuance to the advertisement dtd. 20/6/2013. After the declaration of the result, the cut-off as declared was 60 marks for the General category and 58 marks for the OBC category. The averment of the petitioners in the present petitions is that while making the final selection, the candidates belonging to the OBC category who had acquired the marks more than the cut-off declared for the General candidates have not been considered against the post for the General category but have been afforded appointment qua the OBC category only. It is the submission on behalf of the petitioners that the candidates acquiring more than 60 marks (the cut-off declared for the General candidates) ought to have been accorded appointment qua the General category seats and not qua the seats reserved for the OBC category. It is the submission that if such candidates are afforded appointment in the General category, the petitioners herein, who fall in the reserve list qua the OBC candidates, would find place in the select list and would be entitled for appointment.

(2.) The factual report has been placed on record today by the counsel for the respondents specifying the list of the OBC category candidates who had been accorded appointment against the General seats having obtained more than 60 marks. It has been specified that there were 17 such OBC candidates who had been accorded appointment qua the General category seats. The list further specifies the names of 21 candidates who had been appointed qua the OBC category seats.

(3.) A bare perusal of the report shows that there are almost 9 candidates of the OBC category who had acquired more than 60 marks but have been accorded appointment qua OBC category only. In view of the settled proposition of law, it is clear that these 9 candidates ought to have been selected and appointed as General category candidates, they having obtained more than 60 marks, that is, the cut-off declared for the General category candidates.