25 Jul 2016

Historical Judgement - बधाई हो गुजरात देश का पहला राज्य बना, जहाँ पर आरक्षण को पूर्ण रूप से हटा दिया गया सरकारी नौकरी हो या पढाई सभी में आरक्षण को पूर्ण रूप से समाप्त घोषित कर दिया गया है।

AHMEDABAD: While Gujarat government is facing trouble following Patidar community's demand for OBC quota, Gujarat high court on Friday delivered an important judgment on interpretation of grating benefits of quota system in government jobs.

The HC on Friday held that those meritorious reserve category candidates(MRCs), who have scored more than cut off marks for general category, cannot be put in general category list, if they have obtained age relaxation in the upper age limit.

A division bench headed by Justice M R Shah has quashed a single judge's order, in which it was decided in 2013 that the MRCs should be put in general category in the merit list that was prepared by Gujarat Public Service Commission (GPSC). The commission was to recruit for 948 post of Class III in various state government departments in 2011. It finalized a merit list without taking those MRCs who had obtained age relaxation in general category.

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Certain candidates from reserved categories (SC, ST and OBC) had raised objection because they were kept in waiting list in reserved category because by preventing MRCs the benefit of shifting them to general category though they had scored more than the cut off marks in general category. The single-judge bench ordered GPSC in 2013 to rearrange the select list by shifting 33 SC category MRCs to general category. The HC then said, "By not showing the 33 SC candidates on the general merit list and taking them to be occupying the reserve category posts, the authorities have harmed the interest of the SC candidates as 33 meritorious SC candidates would have otherwise occupying the position in the select list and who could have been appointed against their quota's vacancies, have been left high and dry."

The state government and GPSC challenged this decision on several counts including that once the reserve category candidate obtains benefit of age relaxation offered only those who fall in reserved quota, he/she cannot take benefit of shifting to general category even if he/she is MRC.

The authorities also contended that other candidates who were to get affected due to court order had not been heard by the HC before deciding the case. This was against the principle of natural justice and therefore also the earlier order should be quashed.
Source - Times of india

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