Gauhati High Court: Reserved Category Applicant Who Scores More Than Last Unreserved Category Candidate Is Eligible For General Seat

GUWAHATI: The Gauhati High Court has reaffirmed that if a candidate from a reserved category earns more points in the order of merit than the final candidate chosen from a general category, his nomination will be treated as a general category candidate for the purposes of the merit system.

The single bench of Judge Achintya Malla Bujor Barua ruled in favour of the writ petition, holding:

"We are of the opinion that the petitioner is entitled to be selected and appointed as Constable (GD) as general category candidate," the petition read. "The petitioner had secured more marks than the last selected general category candidate."

According to the petitioner's claim, he took part in a selection procedure for the position of Constable (GD) in the CAPFs in accordance with an employment notice of July 21, 2018. The petitioner was entitled to a waiver in the required height and chest size because they were candidates who fell under the OBC category. The petitioner entered the selection process as an OBC category candidate by utilizing this waiver in height and chest requirements.

The petitioner's complaint involved his taking part in a selection procedure for a constable (GD) position with the CAPFs in accordance with a job announcement dated July 21, 2018. The petitioner was entitled to a waiver in the necessary height and chest size requirements because they were candidates under the OBC category. The petitioner joined the selection process as an OBC category applicant by taking advantage of this height and chest relaxation.

The petitioner claimed that because he was an OBC category candidate and qualified for a height and chest size relaxation, he should have been chosen and appointed as a general category candidate. He also claimed that because of his superior qualifications to the last general category candidate who had been selected during the selection process.

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