• Reservation in govt job

Sir I m anurag Sharma from Chhattisgarh. C.G. Psc advertised for 3 post of registrar out of which 1 was for UR,1 for obc, 1 for St.
When psc declared result of written exam it called 3 gen candidate(out of which one was obc candidate who had performed better than me) and 3 obc candidate for interview
Psc declared result of interview day before yesterday and the obc candidate who had performed better than me was selected as UR candidate and another obc candidate was selected
And I was placed in waiting list in the first place
Is there any law which states that if there is only one post for UR candidate then obc candidate can not be selected against UR quota
Asked 4 years ago in Civil Law

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14 Answers

Hello,

No there is no such law as of now.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

No if OBC candidate score fall under the cut off of general category than he shall be considered in the general category not in obc settled law.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes at every stage reservation is there like In preliminary exam there is reservation separate cutoff , then mains separate merit separate cutoff then finally after interview overall seprate cutoff/merit for general obc SC.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

yes i know he pays fee as obc candidate, but this is rule that when obc or sc candidate scores as an general candidate cutoff then they shall be treated as general category candidate and will get seat in general category.

See i will explain you the crux general category is open if in case they fix general seats for only general candidates than it will be a reservation for general category which is not possible. that why when they qualify merit of general category they are treat in general category.

(Recently RPSC the Rajasthan public Service commission in there PSC exam did as you are saying and the same was struck down by SC as there can be no reservation in general category.)

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No there is no law

If there is no obc quota in that case OBC will be consid3red as general and no weightage will be give to OBC of quota

Saurav Khullar
Advocate, Mohali
45 Answers

4.0 on 5.0

Dear friend,

If an OBC Candidate gets a higher marks than general candidate than the OBC candidate can take the seat of a general candidate. That means that they may have applied under OBC CATEGORY but the allotment will be done under general category. I am sorry to say that there is no law which favors you. The above selection is fare.and according to recruitment rules. You have misconceived it as "Can reservation be provided in two stages of any govt recruitment". Any way as your name is placed in Waiting List, you may get the post in future.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi, you can file a writ in high court for seeking relief agianst the unjust selection criteria

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

If fees for obc then also if he gets marks in comparison to UR then he would be considered as an UR category.

Yes, there are some provisions for the same.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

your query requires contemplation of documents pertaining to subject matters.

Arihant Nahar
Advocate, Indore
130 Answers

4.8 on 5.0

Hi,

As per the laws in vogue the posts are to be filled category wise only.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

The Law is Clear: Reserved Category Candidates Are Entitled to General Seats on the Basis of Merit

There is no law prescribing reservation for general category candidates in public employment and therefore there's no question of reserved category candidates being selected against “their seats”.

However if age relaxation was availed by the candidate under OBC, then they may not be eligible for getting appointment in the general category.

Considering the reservation policy applicable in the State of Gujarat contained in circular dated 29.01.2000 and 23.07.2004 and relevant statutory provisions i.e. Recruitment Rules, 1967, 2009 and 2010, it is held that all those candidates belonging to the reserved category if they avail the benefit of age relaxation, it is held to be relaxation in the standard, and therefore, are not entitled to their cases being considered for General Category vacancies and that their cases are required to be considered for the reserved category vacancies.”

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Can reservation be provided in two stages of any govt recruitment

What is the two stages are you referring to?

If the recruitment process is being held by phases, then the this can be possible otherwise no.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

if the obc candidate who has been selected from UR category has paid examination fees from obc category

In Deepa E.V., the appellant belonged to the OBC category and had availed age relaxation (as was granted to OBC category candidates). Since no candidate from the general category had secured the minimum cut-off score, the appellant filed a writ petition before the high court to be accommodated in the general category. The high court dismissed the petition. The Supreme Court affirmed this decision and held that:

“The appellant, who has applied under OBC Category by availing age relaxation and also attending the interview under the ‘OBC Category’ cannot claim right to be appointed under the General Category.”

The reason, as per the court, was “there is an express bar for the candidates belonging to SC/ST/OBC who have availed relaxation for being considered for General Category candidates.” The court was reading the existing rules and proceedings of Department of Personnel and Training, which stated that: “[W]hen a relaxed standard is applied in selecting an SC/ST/OBC candidates, for example in the age-limit, experience, qualification, permitted number of chances in written examination, extended zone of consideration larger than what is provided for general category candidates, etc., the SC/ST/OBC candidates are to be counted against reserved vacancies. Such candidates would be deemed as unavailable for consideration against unreserved vacancies.”

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You need to check their service rules by filing RTI. If there is any inconsistencies then you need to file writ petition for the same in HC.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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