Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

ignoring the candidates placed before him in order of merit in the said relaxed standard list-1, only
because he has approached this Court and others have not. If for the reasons above, I am to direct
appointment for two more candidates, I will do so by selecting two more candidates in order of merit
from the said relaxed standard list-1 irrespective of their approaching to this Court for such appointments.
As such said Malay Das shall not be entitled to be appointed. As per the decision of the Full Commission
taken at its meetings held on 30 th May, 1997 and 24 th October, 1997, the backward class candidates
are required to obtain 30% in total both for the written examination and personality test in order to
figure in the merit list. Both the aforesaid candidates as stated above have obtained total aggregate
mark of 523 and 521 respectively, which are much more than 38%.
1063
I am, therefore, of the view that, since two more other backward class candidates are entitled to be
appointed, such appointment should be made from the backward class candidates appearing in order
of merit in the aforesaid relaxed standard list no.1 just after the last backward class candidate appointed
in the post. As stated earlier Smt. Nita Sarkar, the Appellant No.5 herein, appears at serial no.12 in
order of merit in the aforesaid relaxed standard list no.1 should get an appointment. The other backward
class candidate, namely, Anil Kr. Kushwaha appearing at serial no.10 in the aforesaid relaxed standard
list no.1 is also entitled to get an appointment even though he is not a party to the writ petition.
Because such appointment must necessarily be made strictly in order of merit and not because someone
has approached this Court seeking an appointment in the post but not qualified to be appointed in
order of merit.
West Bengal PSC
I, therefore, hold that two more candidates in order of merit from the Select List, namely, Anil Kr.
Kushwaha at serial No.10 and the appellant no.5, namely, Nita Sarkar at serial no.12 are entitled to
be appointed. This I hold for the purpose of maintaining high standard of efficiency required in the
judicial service and without putting much importance to the fact that one of them has not joined in this
writ petition. Because if proper reservation had been made for the OBC candidates at the first
instance, the candidates at serial nos.10 and 12 would have been appointed by this time. Accordingly
I direct that these two candidates be offered with the appointment immediately.
It is recorded herewith that till date 137 candidates have been appointed so far including the two
candidates appointed as physically handicapped candidates pursuant to the judgment and order of
this Court as above out of 141 vacancies notified for the post. Four posts are still lying vacant. Such
vacancies are, perhaps for the reasons that the posts reserved for the Scheduled Tribes could not be
filled up, as no candidate belonging to the Scheduled Tribe was suitable and/or available for appointment.