 under general category, since he had secured more marks than the last selected general category candidate){kind=link}
The Gauhati High Court has directed the respondents to appoint a petitioner belonging to the OBC category as Constable (GD) under general category, since he had secured more marks than the last selected general category candidate.
The Bench observed that as per the law of reservation, if a reserved category candidate secured more marks in order of merit than the last selected general category candidate, his candidature was to be considered as a general category candidate for the merit purpose.
Accordingly, as the petitioner had secured more marks than the last selected general category candidate, the Court was of the view that the petitioner was entitled to be selected and appointed as Constable (GD) as general category candidate.
The petitioner participated in a selection process for the post of Constable (GD) in the Central Armed Police Forces (CAPF) pursuant to an employment notice dated July 21, 2018.
The petitioner otherwise belong to the OBC category. Being an OBC category candidate, the petitioner was entitled to a relaxation in the required height and size of chest. By availing such relaxation as regards height and chest, the petitioner entered the selection process as OBC category candidate.
According to the petitioner, although he has availed the relaxation in height and size of chest, being an OBC category candidate, in the selection process as per merit, the petitioner was above the merit of the last selected general category candidate and as such claimed that he should be selected and appointed as general category candidate.
The aforesaid situation had arisen in a circumstance, which is an admitted position of the parties that the last selected candidate in the OBC merit wise was in a higher position than the last selected candidate in the general category and in the circumstance, the petitioner as OBC category candidate was not eligible in the category of OBC, but his merit performance made them to be placed at a position higher than the last selected general category candidate , the Court observed.
In view of such declaration, the Bench directed the respondents to pass a reasoned order by taking note of the conclusion arrived hereinabove and accordingly issue appropriate appointment orders.