The Gauhati High Court in the case Biplab Karmakar v. The Union of India & 7 Ors observed and has r reiterated that if a reserved category candidate secures more marks in order of merit than the last selected general category candidate, the candidature of candidate is to be considered as a general category candidate for the merit purpose.
The Single bench headed by Justice Achintya Malla Bujor Barua while allowing the writ plea observed and has held that as the petitioner had secured more marks than the last selected general category candidate, the said court is of the view that the petitioner is being entitled to be selected and is to be appointed as Constable (GD) as the general category candidate.
In the present case, the petitioner has participated in a selection process for the posts of Constable (GD) in the CAPFs which being pursuant to an employment notice dated July, 21, 2018.
Therefore, the candidates belong to OBC category, the petitioner is being entitled to a relaxation in the required height and size of chest.
The petitioner entered the selection process as OBC category candidate, by availing such relaxation as regards height and chest.
It has been contended by the petitioner that the petitioner has availed the relaxation in height and size of chest, being the candidate of OBC, in the selection process on the basis of merit, the petitioner being above the merit of the last selected general category candidate and as such claimed that the petitioner should be selected and is appointed as general category candidate.
It has also been observed by the court that it being 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 was not being eligible as an OBC category in the category of OBC, but the merit performance of the petitioner made them to be placed at a position higher than the last selected general category candidate.
The court in the case observed and has held that the petitioner is entitled to be selected under general category as the petitioner has secured more marks than the last selected general category candidate.
Accordingly, it has been directed by the court that the respondents to pass the reasoned order while taking note of the conclusion arrived in the present judgement and the court issued appropriate appointment orders.
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