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7. It has been contended on behalf of the unsuccessful candidates that, the criteria for tiebreak in cases where equal aggregate marks were obtained by the candidates were not disclosed prior to the commencement of the selection process or even before the holding of the written examination or the interview. The Public Service Commission had published a note with regard to the result dated March 4, 2021. Therefore, the prescription of tiebreak had been introduced subsequent to the Written and the Personality Test.

26. A total number of 3,024 candidates had participated in the Personality Test. Reserved category candidates (SC, ST, OBC-A and OBC-B) who had failed to secure marks obtained by the last qualified candidate in the unreserved category but achieved sufficient marks in their respective categories in order to appear for the Personality Test, were granted the relaxation at the time of appearance at the Personality Test.

27. Reserved category candidates who had secured higher or equal marks when compared with the marks obtained by the last qualified candidate in the unreserved category in the Written Test were accommodated in the unreserved category.

28. Reserved category candidates who had secured higher or equal marks compared to the marks obtained by the last qualified candidate in the unreserved category in the Written Test but could not secure equal or higher marks in aggregate, compared to the last qualified candidate in the unreserved category in aggregate, were not accommodated under the unreserved category but adjusted against the respective reserved categories.

29. In the selection process in question, Public Service Commission has placed candidates belonging to the reserved category in the unreserved category where the reserved category candidates had obtained higher or equal marks in aggregate in comparison to the unreserved category candidates. Therefore, in the ultimate merit list recommended for appointment, candidates belonging to the reserved category had found place in the unreserved category by dint of their marks obtained in the selection process.