Case Title:
Om Raj Vs. Haryana Staff Selection Commission And Others
Date:
April 28th, 2022
Bench:
Justice Arun Monga
Parties:
Petitioner – Om Raj
Respondents – Haryana Staff Selection Commission and Others
Subject
The petitioner herein filed a writ petition in the nature of mandamus to consider the claim of the petitioner for selection and appointment as Veterinary Livestock Development Assistant (VLDA) under General Category having scored higher marks than the last selected candidate in general category even though he had applied under EWS category with an invalid certificate.
Important Provisions
Article 14 – Equality before law.
Article 16 – Equality of opportunity in matters of public employment.
Overview
- The petitioner had applied for the post of VLDA under EWS category.
- He wrote the examination and scored 79 marks.
- The last selected candidate in EWS Category scored 58 marks and the last selected candidate in General Category scored 70 marks.
- The petitioner was not selected since his EWS certificate was found to be invalid making him ineligible for both categories.
- Hence, the current petition was filed in order to challenge the issue.
Issues raised
- Whether a candidate can be admitted to General Category even if he was found ineligible for the category which he applied for?
Advancements made by the petitioner
- The learned counsel for the petitioner argued that once the petitioner had obtained 79 marks which is more than the marks obtained by the last selected candidate in General Category, he should be selected.
- The EWS certificate being invalid does not take away the right of the petitioner to be considered under General Category after scoring enough marks.
Advancements made by the respondents
- The learned counsel for the respondents argued that since the petitioner had applied under EWS category he cannot be considered for General Category.
- The EWS certificate was found to be invalid thereby making him ineligible for the said category and General Category.
Judgment Analysis
- The Court observed that the respondents was denying the benefit envisaged under Article 16 of the Constitution of India, which is, Equality of opportunity in matters of public employment.
- The respondents must be made aware of the basic principle of reservation wherein firstly the General Category seats are to be filled from the merit list and thereafter the reserved category seats.
- Any candidate who had applied under reserved category and not considered eligible but obtained higher marks than the last selected candidate in General Category has the right of selection and appointment under General Category.
- The petitioner if found ineligible for the EWS category will be still eligible under General Category has he had scored more than the last selected candidate of the General Category.
- The argument made by the learned counsel for the respondent that if a candidate not found eligible for reservation sought by him, then he shall not be considered even in General Category goes against the meaning of Article 14 and 16 of the Constitution of India.
- The Court relied upon the judgment of Saurav Yadav and Others Vs. State of Uttar Pradesh and others in W.P (C) No.237 of 2020, wherein it was stated that the open category was open to all and no candidate should be denied if he/she has obtained enough marks.
Conclusion
The court concluded by allowing the Writ Petition and stating that the petitioner was entitled to consideration of his claim against the vacancy in General Category on the basis of his merit and taking this right away from the candidate was violative of Article 14 and 16 of the Constitution of India.
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