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Showing contexts for: migration in Kamlesh Kalasua vs State Of Rajasthan on 25 March, 2019Matching Fragments
3. That it is most respectfully submitted that the petitioners are the candidates who have submitted their applications form in TSP ST Category and are not having the cut off marks of general category i.e. 60% in the REET/RTET and as such their candidatures have not been considered for appointment on the post of Teacher Gr.III Level I vacancies of the TSP General Category.
4. That it is most respectfully submitted that the law in respect of the migration of reserved category candidates on unreserved posts is very well settled i.e. in case a reserved category candidate acquires more marks than the last cut off of the unreserved category than only he was allowed to migrate to the General Category and as such candidate shall be given appointment against the unreserved seat. Whereas, in the present case, the petitioners who have applied under TSP ST and admittedly they are not having the requisite 60% marks in REET/RTET fixed for the General Category candidates, their candidature could not be considered against the posts of unreserved posts. That the present petitioners who have applied from the TSP ST Category and were not selected in the at category because they does not fall within the cut off marks i.e. 51.33% and claimed appointment against the vacant posts of General Category and in the above said situation when the petitioners does not even fall within the cut off their own category they could not be allowed to migrate to the General Category, wherein the cut off is 60% and as such the present writ petition is baseless and frivolous." Learned counsel for the petitioners made submissions in consonance with the averments made in the petitions.
It is not in dispute that after according the appointments under various categories, 1167 posts remain vacant, essentially, on account of the fact that the posts in TSP (General) have remained vacant.
The case of the petitioners that the candidates, who have been selected against TSP (ST) have to migrate to the vacant positions in TSP (General), inasmuch as, merely because they have less than 60% marks in REET/RTET, they cannot be counted against the vacancies of TSP(ST) candidates and deprive the petitioners, who are lower in merit than the candidates, who have been granted appointment under the TSP (ST) category, but have minimum 36% marks in REET/RTET, as once the candidates, who are higher in merit migrate to TSP (General), the petitioners would be entitled to fill up those vacancies, has substance.
The plea which has been raised by the respondent-State, as noticed herein-before by way of additional affidavit, is that only those candidates can migrate to General category, who have higher marks than the last cut-off of the General category. The said submission made by the respondents is fallacious. In normal circumstances, wherein all the posts of General category are filled up, it is only those candidates, who are having higher marks in reserved category and who have not taken any benefit of relaxation can only migrate to the General category, however, present is a typical case, wherein large number of vacancies in (16 of 18) [CW-13016/2018] TSP (General) are lying vacant and therefore, the principle sought to be applied that the candidate of reserved category must have higher marks than the cut-off of General category, cannot be applied in the present case.
Consequently, the writ petitions filed by the petitioners are allowed. The respondents are directed to redraw the merit list pursuant to the advertisement dated 12.04.2018 for Teacher Gr.III (Level-I) for TSP area based on the principles laid down herein- before.
It is made clear that except for the marks obtained by the ST candidates of Scheduled Areas in the REET/RTET, the restrictions on migration as applicable, would apply. On redrawing the merit list and on migrating the eligible candidates presently selected against the TSP (ST) category to TSP (General) category, the vacancies which occur in TSP(ST) category be filled up by the (18 of 18) [CW-13016/2018] eligible candidates. Those candidates, who are now selected pursuant to the above exercise, would be entitled to all notional benefits based on the appointment accorded to the candidates, whose names appeared in the select list dated 01.06.2018. However, the candidates would be entitled to monitory benefits from the date they are accorded appointment by the respondents.