RAJASTHAN PUBLIC SERVICE COMMISSION Vs. JITENDRA SINGH GANGWAL

JUDGEMENT

(1.) Heard.

(2.) This appeal is directed against the interim-order dtd. 7/10/2023 passed by learned Single Judge whereby, the learned Single Judge has allowed the respondents-petitioners to participate in the process of interview.

(3.) Learned counsel for the appellants would firstly submit that in earlier round of litigation on another issue, when an order was passed by this Court as between the same parties, the writ petitioners filed Special Leave to Appeal in the Supreme Court and the Supreme Court clearly ordered that the interviews are not interdicted though the appointment shall not be made without the leave of the Court. He would submit that after remand of the case by the Division Bench to the Single Bench for consideration of other issues in the writ petition, the learned Single Judge has now entertained another application for stay and has allowed the respondents to participate in the process of interview. He would submit that insofar as preparation of merit list of candidates against the general category seats is concerned, the candidates belonging to reserved category cannot claim placement on the basis that they have obtained marks more than the general category candidates because the marks were awarded only for the purpose of screening. Therefore, the law laid down by this Court in the case of Sunita Meena Vs. Rajasthan High Court & Anr. (DBCWP No.1244/2022) dtd. 20/4/2022 is applicable. He would further submit that if the candidates are allowed to appear in the interview provisionally, it may derail the process of selection.