RBA CANDIDATE SCORING ABOVE OPEN MERIT CUT-OFF CANNOT BE DENIED SHORTLISTING: J&K HIGH COURT
Division Bench of Justice Sanjeev Kumar and Justice Mohd Yousuf Wani dismisses JKPSC petition; holds reserved-category status cannot operate to a candidate’s disadvantage
Srinagar, November 7 (KNC): The Jammu and Kashmir and Ladakh High Court has ruled that a candidate belonging to the Reserved Backward Area (RBA) category cannot be denied consideration for shortlisting merely on account of his reserved-category status when he has secured marks higher than the prescribed cut-off for the Open Merit category.
The significant observation was made by a Division Bench comprising Justice Sanjeev Kumar and Justice Mohd Yousuf Wani, which held that allowing a candidate’s RBA status to operate to his disadvantage, despite his having secured higher merit than the Open Merit cut-off, would amount to a denial of justice.
The Court was hearing a petition filed by the Chairman and Secretary of the Jammu and Kashmir Public Service Commission (JKPSC) challenging an interim order passed by the Central Administrative Tribunal (CAT), Srinagar. The Tribunal had permitted an RBA-category candidate to participate in the interview process at his own risk and responsibility.
During the proceedings, the High Court took note of the candidate’s marks and observed that he had secured 67.75 marks, whereas the prescribed cut-off for the Open Merit category was 65.50 marks.
Thus, the candidate had scored 2.25 marks above the Open Merit cut-off, notwithstanding his belonging to the RBA category.
The Bench referred to Rule 47(ii) of the Jammu and Kashmir Public Service Commission (Business & Procedure) Rules, 2021, which provides that a reserved-category candidate securing merit equal to or higher than the Open Merit category is required to be called for the oral test.
In view of the applicable rules and the candidate’s merit position, the Court held that he was entitled to be shortlisted for the interview.
The Bench further clarified that his consideration for selection would be in the RBA/Open Merit category, as applicable under the relevant rules.
Finding no merit in the challenge raised by the JKPSC, the High Court dismissed the petition, thereby declining to interfere with the interim order passed by the Central Administrative Tribunal, Srinagar.
However, the Division Bench made it clear that the observations made in the judgment were confined to the disposal of the petition and would not be treated as a final expression of opinion on the merits of the matter pending consideration before the Tribunal.
Advocate Shah Aamir appeared on behalf of the petitioners.
The ruling reiterates the principle that a candidate’s reserved-category identity cannot become a disadvantage when their individual merit exceeds the prescribed Open Merit threshold, subject to the applicable recruitment rules.(KNC)
