Case Note & Summary
The petitioner, Vikas Diwate, and respondent no.5, Abhijeet Paraswar, both secured equal marks in the 2013 recruitment process for the post of Junior Assistant (Accounts) conducted by the District Selection Committee, Bhandara. The petitioner belonged to the Open Category, while respondent no.5 belonged to a backward category. The sole question before the High Court was how to determine entitlement to the post when two candidates have equal marks for an open category vacancy, with one being from a backward category. The petitioner and the employer relied on Government Resolution dated 27.06.2008. The Court, after hearing all parties, interpreted the Government Resolution to mean that in case of equal marks, a candidate belonging to a backward category shall be given preference over an open category candidate. Consequently, the Court dismissed the writ petition, upholding the selection of respondent no.5. The Court found no merit in the petition and discharged the rule.
Headnote
A) Service Law - Recruitment - Equal Marks - Preference - Government Resolution dated 27.06.2008 - The issue was whether a backward category candidate should be preferred over an open category candidate when both secure equal marks for an open category vacancy. The Court held that the Government Resolution dated 27.06.2008 provides that in case of equal marks, a candidate belonging to backward category shall be given preference over an open category candidate. The Court dismissed the petition and upheld the selection of respondent no.5, who belonged to a backward category. (Paras 1-5)
Issue of Consideration
If for a vacancy for open category, two candidates have secured equal marks and one of them is belonging to a backward category, how their entitlement to the post can be worked out?
Final Decision
The writ petition is dismissed. Rule discharged. No costs.
Law Points
- Equal marks
- open category vacancy
- backward category candidate
- preference
- Government Resolution dated 27.06.2008
- recruitment
- Junior Assistant
Case Details
2015 LawText (BOM) (05) 60
Writ Petition No. 4723 of 2013
B.P. Dharmadhikari, S.B. Shukre
Mr. Naresh Kolhe, Mrs. B.P. Maldhure, Mr. N.L. Jaiswal, Mr. A.M. Qazi
Vikas s/o Vasantaji Diwate
The State of Maharashtra, Chief Executive Officer Zilla Parishad Bhandara, Chairman/Collector District Selection Committee Bhandara, Member/Secretary District Selection Committee Bhandara, Abhijeet Vinayak Paraswar, Dinesh Sadashiv Chaudhary
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Nature of Litigation
Writ petition challenging selection of respondent no.5 for the post of Junior Assistant (Accounts) on the ground that petitioner and respondent no.5 had equal marks and petitioner belonged to open category.
Remedy Sought
Petitioner sought to set aside the selection of respondent no.5 and seek appointment to the post.
Filing Reason
Petitioner and respondent no.5 secured equal marks in recruitment for open category post; petitioner claimed he should be preferred as open category candidate.
Issues
Whether a backward category candidate should be preferred over an open category candidate when both secure equal marks for an open category vacancy?
Submissions/Arguments
Petitioner argued that as an open category candidate, he should be preferred over a backward category candidate for an open category vacancy.
Respondents relied on Government Resolution dated 27.06.2008 which provides that in case of equal marks, a backward category candidate shall be given preference.
Ratio Decidendi
In case of equal marks for an open category vacancy, a candidate belonging to a backward category shall be given preference over an open category candidate as per Government Resolution dated 27.06.2008.
Judgment Excerpts
Only question is – If for a vacancy for open category, two candidates have secured equal marks and one of them is belonging to a backward category, how their entitlement to the post can be worked out ?
The fact that the petitioner and respondent no.5 have secured equal marks in 2013 recruitment process for the post of Junior Assistant (Accounts) undertaken by respondent nos. 3 & 4 is not in dispute.
The Government Resolution dated 27.06.2008 provides that in case of equal marks, a candidate belonging to backward category shall be given preference over an open category candidate.
Procedural History
The matter was initially looked into on 12.1.2015 and an order was passed directing respondent no.1 to file an affidavit explaining the position. Affidavit was filed. Thereafter, the matter was heard finally on 5.5.2015 and the writ petition was dismissed.
