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Showing contexts for: equal marks in Jatinkumar Kishorkumar Bhatt vs State Of Gujarat on 8 June, 2022Matching Fragments
(1)In general category, all meritorious candidates are considered having not obtained any relaxation in terms of age & physical measurement standards (2) Candidates from respective reserved categories have been selected three times the no. of advertised posts of respective categories.
(3) Additional candidates having equal marks at cut-off standard are also included in the result
10. Mr. Trivedi, learned Advocate General in context of the Division Bench decision in the case of Sunita Meena (Supra) would submit that the said judgment merely follows the earlier judgment of the Rajasthan High Court including C/SCA/9608/2022 JUDGMENT DATED: 08/06/2022 the judgment in the case of Garima Sharma which has been stayed by the Apex Court vide its order dated 31.8.2018.
22.1. The contention was that this became a hurdle for the reserved category candidates as it is well settled that if a reserved category candidates received more or equal marks qua an unreserved category candidate, he will secure berth in unreserved category and he cannot be treated as a reserved category candidate. The impugned amendment will therefore prevent this settled principle of law in preliminary examination and main examination. The Division Bench of the Madhya Pradesh considering the law laid down by the Apex Court set aside the amendment holding that the principles enunciated by the Hon'ble Supreme Court can be translated into reality only when reserved category candidate secured equal mark or more C/SCA/9608/2022 JUDGMENT DATED: 08/06/2022 can be given berth in unreserved category at all stages of selection including preliminary and the main examination. Any other interpretation will repeat the purpose and the constitutional scheme flowing from Articles 14 and 16 of the Constitution of India. The relevant paras of the decision of the Madhya Pradesh High Court Kishor Chaudhary (Supra) reads as under:
Unamended Rules 2015 Amendment 17.2.2020 Amendment 20.12.2021
4. Mode of preparation of C/SCA/9608/2022 JUDGMENT DATED: 08/06/2022 select list -
(1) (a) (i) On the basis of marks obtained in Preliminary Examination, candidates numbering 15 times the vacancies as advertised categorywise will be declared successful for Main examination subject to the condition that candidates have scored minimum passing marks as may be specified by the Commission. In addition to this, all the other candidates who get marks equal to "Cut Off Marks"
4. In Rule 4 sub rule (3) for clause (a) the following clause shall be substituted, namely :-
(3) (a) (i) After the interview, the merit list of the candidates shall be prepared by the Commission on the basis of the total marks obtained by them in the main examination and interview. The order of merit of the candidates securing equal marks shall be C/SCA/9608/2022 JUDGMENT DATED: 08/06/2022 determined as per the criteria prescribed by the order of the Commission.