AI Structured Summary
Not yet generated for this judgment
Judgment
Mansoor Ahmad Mir, Actg. C.J.
Through the medium of the present writ petitions, the petitioners have called in question the orders, whereby the respondents have rejected the candidature of the petitioners for the posts of Shastri, on the grounds that they are ineligible for the said posts.
It is contended in the writ petitions that the respondents in the advertisement notice dated 20.5.2013 for the posts of Shastri had not mentioned that the candidates belonging to SC/ST/OBC/PH categories, have to be given 5% relaxation in the minimum educational qualification, as per Rules governing the field. It is submitted that the respondents have failed to do so and advertisement notice dated 20.5.2013 is not according to Rules governing the field.
Respondent No. 1 has filed reply and has fairly admitted that as per the Rules governing the field, 5% relaxation was to be given in minimum educational qualification to the candidates belonging to SC/ST/OBC/PH categories.
The learned Advocate General fairly conceded that the advertisement made is not in accordance with the law and the Rules. The candidates belonging to SC/ST/OBC/PH categories, who had tendered their application forms and came to be rejected, is illegal and not in accordance with the Rules.
Respondent No. 2 has also filed the reply and fairly quoted the said rules in the reply and submitted that they have received the communication/clarification from the State Government, Annexure R-1, dated 13.2.2014 regarding grant of relaxation upto 5% marks for the posts of TGT (Arts), to the candidates belonging to SC/ST/OBC/PH categories. The same mistake had been committed by the respondents so far as advertisement notice for the posts of TGT (Arts) is concerned which the respondents have rectified. The record does reveal that the advertisement notice for the posts of TGT (Arts) and Shastri is same.
Having said so, the rejection order deserves to be quashed and all those candidates belonging to the SC/ST/OBC/PH categories, who had applied and whose candidatures have been rejected, deserve to be allowed to sit in the examination.
In the given circumstances, respondents are directed to conduct the examination afresh of all those candidates who have already undergone examination alongwith the candidates whose application forms were rejected, for the posts of shastri. The process be concluded as early as possible, preferably within three months from today.
With the aforesaid observations, all the petitions stand disposed of alongwith all pending applications.