• An OBC during screening got selected as general during interview

In an examination held by Uttarakhand Public Service Commission (UKPSC), a candidate cleared the screening exam (written exam), as an OBC candidate (His total marks were less than the cut-off marks of general category). But in interview, he cleared the cut-off marks of general category, so he was awarded a general seat,even though he got selected to appear for interview only as an OBC candidate. Sir, I wanna know if that's within the laws or not. Kindly mention as where to get the related documents(Government Orders and all). Thanks.
Asked 2 years ago in Constitutional Law from Pauri, Uttarakhand
1) if a candidate has appeared for written exams as OBC candidate and he cleared written exams as OBC candidate then he has to appear for interview as OBC candidate particularly so when his qualifying marks were less than cut off marks of general category . 

2) merely because he got more marks in interview would not make him eligible to be awarded  general category seat. 

3)notification issued By UKPSC inviting applications for recruitment to the post has to be perused for detailed advice .
Ajay Sethi
Advocate, Mumbai
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1. Has it been specifically mentioned in the rules that OBC candidates applying under reserved category who secure more marks than the cut-off marks of general category in the interview would be eligible to be appointed under the general category?  If yes, such a notification is liable to be struck down. Award of general category seat to the candidate in such a case is illegal.

2. A candidate who appears for and clears the written examination and interview as a OBC candidate cannot be given a seat under the general category. The appointment may be struck down by the court if it is challenged by any one of the general category candidates.
Ashish Davessar
Advocate, Jaipur
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1) All candidates are eligible to compete under General Category, alongwith their respective reserved quota, except General category candidates, who have to compete only under General Category.

2) If a candidate clears the Screening exam(written exam) under relaxed standards, as an OBC candidate, he has to be finally selected under OBC quota only, inspite of his clearing the interview by scoring equivalent cut-off marks of a General Category candidate.

3) On the other hand, if an OBC candidate had cleared the Screening exam(Written exam) and Interview, without any relaxation in standard, and had obtained equal marks as that of a General Candidate, then only he can be placed in General Category.
Shashidhar S. Sastry
Advocate, Bangalore
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1) you should peruse  notification issued by UKPSC  inviting application for recruitment to the post . 

2)it would mention requirements  for selection of candidates in  OBC/ general category
Ajay Sethi
Advocate, Mumbai
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1. The court decisions are peculiar to the facts and circumstances of the case in which they are delivered. 

2. The notification issued by UKPSC would throw light on the eligibility criteria and the manner of examination .
Ashish Davessar
Advocate, Jaipur
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450 Consultations
5.0 on 5.0

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