Posted: 15 Mar 2017 08:36 PM PDT
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The division bench of
Chief Justice R Subhash Reddy and Justice V M Pancholi gave this ruling
on a plea by the Gujarat Public Service Commission that challenged a
single-judge bench order of the court which had allowed inclusion of two
backward classes candidates in the general category merit list.
Two Socially and
Educationally Backward Classes (SEBC) candidates Nirav Makwana and
Dharmendra Patel had approached the single-judge bench of Justice K M
Thaker earlier challenging the GPSC’s merit list for 2014.
They had contended that
the GPSC did not consider SEBC candidates in the general category even
when their scores in the examination for the posts of assistant
conservator of forests and range forest officer were higher than the
cut-off point.
The petitioners said they had got more marks than the last candidate in the merit list of general category.
They wanted jobs in the
general category so that other SEBC candidates could make it to the
merit list of the reserved category, the petitioners said.
The GPSC had countered
their arguments before Justice Thaker saying said as per the
government’s policy, they can’t claim a place in the open category after
availing of the concession in the age limit given to the reserved
category candidates.
Justice Thaker had given
the decision in 2015 in favour of the petitioners following which the
GPSC had moved the division bench in appeal.
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