Case Note & Summary
The Petitioner, a Project Affected Person, sought appointment in Group C cadre under the Project Affected Persons category after failing a recruitment examination where she scored 50 marks against the required 90 marks passing criteria. She challenged the Tribunal's order dismissing her application, arguing that Project Affected Persons should have separate passing criteria as treating them equally with open category candidates violates constitutional principles. The High Court examined the Government Resolution providing 5% reservation for Project Affected Persons and the full Bench decision in Rajendra Pandurang Pagare case, which established that such reservation is horizontal and requires competition within the category. The Court held that the existing system of equal passing criteria is constitutionally valid and dismissed the petition.
Headnote
The Petitioner challenged the order of the Maharashtra Administrative Tribunal dismissing her application seeking appointment under the Project Affected Persons category -- The Petitioner contended that as a Project Affected Person, she should be treated differently from open category candidates and prescribed a separate passing criteria -- The Court examined the Government Resolution dated 27/10/2009 which provides 5% reservation for Project Affected Persons but requires selection through open competition -- The Court referred to the full Bench decision in Rajendra Pandurang Pagare and anr. Vs. State of Maharashtra and ors which held that Project Affected Persons reservation is horizontal reservation requiring competition within the category -- The Court held that prescribing the same passing criteria for Project Affected Persons and open category candidates does not violate constitutional principles -- The Petitioner's contention that treating unequals equally is arbitrary was rejected -- The Writ Petition was dismissed
Premium Content
The Headnote is only available to subscribed members.
Subscribe Now to access key legal points
Issue of Consideration: Whether Project Affected Persons should be treated as a separate category with different passing criteria in government recruitment examinations
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now to access critical case issues
Final Decision
The High Court dismissed the Writ Petition, upholding the Tribunal's decision and finding no merit in petitioner's contentions regarding separate passing criteria for Project Affected Persons
