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Madhav Narayan   22 July 2024

What could be the possible outcome?

In a state government recruitment, the state PSC had shortlisted the candidates on the basis of subject wise qualifying marks of 40% in all the three papers of the examination. In the advertisement notification, it was mentioned under the scheme of selection that the commision is competent to fix up the qualifying marks in any or all the subjects of the examination. Whereas in the recruitment rules nothing as such about the method of shortlisting was mentioned. Some of the unsuccessful candidates filed a writ petition in Hc before single judge bench that such fixing of cutoff marks is arbitrary and commision is not competent to shortlist the candidates on the basis of subject wise minimum qualifying marks hence it should redraw the merit list in terms of aggregate marks secured in all the papers without taking into consideration the subject wise minimum qualifying marks. It is worth mentioning that the commision although issued similar notification in the past, it made selection on the basis of aggregate marks without resorting to subject wise minimum qualifying marks. The single judge allowed the writ and quashed the shortlisted list and directed the PSC to redraw the merit list on aggregate marks only. Some of the earlier selected candidates filed writ before the division bench contesting the order of the single judge which division bench allowed citing that in the absence of any statutory rules governing the field the commision is competent to adopt a method of shortlisting and the same being in terms of clause 6c of advertisement notification under method of selection. Consequently the merit list was upheld and single judge order was quashed. Then final results were published and final merit list was out. In the meantime aggrieved party filed a SLP in the supreme court against the said order of the division bench. On a preliminary hearing the apex court didn't grant interim relief (demand for stay of appointment) to the petitioner and issued notice the state respondents who had filed caveat immediately after division bench verdict anticipating a case in the apex court. Apex court directed that all appointments shall be subject to outcome of SLP. All this happened on the first hearing in SC. Meanwhile appointment were given conditionally to the selected candidates. Matter listed on August 1st for compliance in Registrar court and then most probably a second hearing will be done in the judge's court. Kindly tell whether this SLP will be accepted or dismissed in this case. Also is there any chance of unseating the selected candidates if court allows the said SLP and passes god forbid any adverse order?


Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 July 2024

you can wait and see the court order. 


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