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Deepa E.V vs Union Of India And Ors on 6 April, 2017

4.2. It was also submitted that the issue in the present case is no more res integra in view of the judgment rendered by the Hoin'ble Apex Court in the case of Deepa E.V. Vs Union of India & Ors. (2017) 12 SCC 680. Subsequently also, the State Government issued Circular dated 26.07.2017, wherein it was clearly stated (Downloaded on 02/12/2023 at 08:40:18 PM) (9 of 22) [CW-15501/2023] that the candidates who have availed the concession(s) of the reserved category cannot be migrated to the unreserved category. 4.3. It was further submitted that as per the Circular dated 24.06.2018, candidates belonging SC/ST/OBC who have been extended the concession, except in the fee, are not eligible for being migrated to the unreserved vacancies. It was also submitted that a candidate of reserved category in TSP area has to compete against the posts meant for the unreserved category, and such candidates can be considered eligible for the posts of unreserved category only in case such candidate belonging to the reserved category has not been extended any relaxation/concession, except in the fee.
Supreme Court of India Cites 1 - Cited by 125 - R Banumathi - Full Document

Rakesh Kumar Yadav vs State Of Chhattisgarh 59 Cra/78/2011 ... on 28 November, 2018

5.2. It was also submitted that if a candidate obtains relaxation in the recruitment examination then only such a relaxation would deny reserved category candidates to migrate to unreserved category. Therefore, the respondents have made assertions totally contrary to their own Circular dated 16.12.2020. 5.3. It was further submitted that a Coordinate Bench of this Hon'ble Court at Jaipur Bench in the case of Rajesh Kumar Yadav Vs State of Rajasthan & Ors. (S.B.C.W.P. No. (Downloaded on 02/12/2023 at 08:40:18 PM) (13 of 22) [CW-15501/2023] 15541/2022, decided on 19.07.2023) observed that the candidates belonging to the reserved category and have scored 82 marks out of 150 marks in REET-2022, are entitled to be declared successful, thereby enabling them to secure the pass certificate of REET.
Chattisgarh High Court Cites 3 - Cited by 53 - R P Sharma - Full Document
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