The Gujarat High Court’s single-judge bench of Justice Biren Vaishnav in the case of Jatinkumar Kishorkumar Bhatt v. State of Gujarat held that the general category is open to all meritorious candidates even those who belong to the reserved category.
The purpose of the screening test is to eliminate an excessive number of candidates so that only those who are chosen can take the main tests; nevertheless, if more candidates are called by declaring the results as the petitioners believe, the purpose of rule 8(f) is defeated.
The petitioners applied for and passed the preparatory exam for the position of sub-inspector. However, the total number of candidates who were to be invited to sit in the main examination was three times the number of candidates in each category, pursuant to Rule 8(f) of the posts of sub inspector, class 3 rules 2021. The petitioners argue that including reserved category candidates on the list of general category candidates in the preliminary exam merit list is unjust and violates Indian Constitution Articles 14, 15, 16, and 21.
The petitioners contented that for candidates taking the main examination, a fresh merit list should be established by calling on three times the candidates in each category, without adding reserved candidates in the general category for the purpose of employment. In answer, the respondents responded that the word “generic category” refers to a category that is open to all persons regardless of whether or not they belong to the restricted category.
The respondents argued that, under Rule 8(f), when determining the number of candidates to be called for preliminary examinations, especially when a large number of candidates have applied, the number that is lower in the present case, namely, only a figure of three times the number of vacancies, should be used. The respondents also claimed that the phrase ‘general category’ cannot have two different meanings at two separate stages of the examination, namely one meaning during the preliminary examination and another one during the main examination.
The court dismissed the petition on June 8, 2022, holding that the respondent state had correctly evolved the concept of merit while considering the policy of reservation in the context of Supreme Court law, which states that the open category is open to all candidates based on their merit regardless of whether they belong to the reserved category.
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