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6.Subsequently, to vacate the aforesaid interim order granted by this Court in favour of the petitioner, the respondents have taken out a Miscellaneous Petition in WMP(MD)No.8336 of 2016, stating inter alia that initially, 16 vacant posts under Diploma in Mechanical Engineering category were notified for BC General Non-priority category, but before the conduct of examination, due to re-allotment of vacant posts to the NTC/NAC category for Engineering Drawing and Maths subjects, the earmarked vacancies for Diploma in Mechanical Engineering were reduced to 108, in which, 12 vacancies were allocated for BC General Non-priority category; the least cut-off marks for BC General Non-priority category in the provisional selection list is 97 marks; and as the petitioner had scored only 96 marks, his name did not find place in the said provisional list. According to the respondents, it was clearly stated in the notification issued by the Department that the tentative vacancies are subject to change from time to time and the candidates scoring the same cut-off marks in a particular communal turn will be called for main selection process; the number of vacancies earmarked for BC General Non-priority category was 12 http://www.judis.nic.in and accordingly, 61 candidates were provisionally selected for the main selection process, which satisfied the ratio of 1:5 as per the norms. Hence, the respondents 1 and 2 sought to dismiss this writ petition.

14.The petitioner in WP(MD)No.4703 of 2016 is aggrieved of the non-consideration of his case for recruitment to the post of Junior Training Officer in Government Industrial Training Institutes, on the ground that the provisional list dated 03.03.2016 issued by the respondents is contrary to Clause 6(2) of the notification dated 12.01.2016, wherein, it is specifically mentioned that the candidates short-listed based on the screening test marks in the ratio of 1:5 depending on the number of vacancies in each category, will be allowed for main selection process and if more than one candidate secures the lowest same cut off marks for a particular communal turn, all such candidates will be called for main selection and in violation of the said provision, the respondents short-listed the candidates belonging to Backward Class General Non Priority in the ratio of 1:4 instead of 1:5 for the interview and they also fixed different ratios with respect to the remaining 25 categories. http://www.judis.nic.in 14.1 The allegation so made by the petitioner was stoutly refuted on the side of the respondents 1 and 2. It is their stand that initially 16 vacant posts under Diploma in Mechanical Engineering category were notified for BC General Non-priority category, but before the conduct of examination, due to re- allotment of vacant posts to the NTC/NAC category for Engineering Drawing and Maths subjects, the earmarked vacancies for Diploma in Mechanical Engineering were reduced to 108, in which, 12 vacancies were allocated for BC General Non-priority category; the least cut-off marks for BC General Non-priority category in the provisional selection list is 97 marks; and as the petitioner had scored only 96 marks, his name did not find place in the said provisional list and the respondents satisfied the ratio of 1:5, as per the norms.