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

counsel for the applicants, the Hon’ble Supreme Court referred to Mandal case and R.K.Sabharwal
case and quoted therefrom thus:
“In a case Indra Sawhney Vs,. Union of India, 1992 Suppl (3) SCC 217, commonly
known as Mandal case, this Court held thus: (SCC p.73, para 811)
“In this connection it is well to remember that the reservations under Article 16(4) do
not operate like a communal reservation. It may well happen that some members belonging
to, say, Scheduled Castes get selected in the open competition field on the basis of their
own merit; they will not be counted against the quota reserved for Scheduled Cates; they
will be treated as open competition candidates.”
In R.K.Sabharwal v. State of Punjab, the Constitution Bench of this Court considered the question
of appointment and promotion and roster points vis-à-vis reservation and held thus: (SCC p.750,
para 4)
“When a percentage of reservation is fixed in respect of a particular cadre and the
roster indicates the reserve points, it has to be taken that the posts shown at the reserve
points are to be filled from amongst the members of reserve categories and the candidates
belonging to the general category are not entitled to be considered for the reserved posts.
On the other hand the reserve category candidates can compete for the non reserve
posts and in the event of their appointment to the said posts their number cannot be
added and taken into consideration for working out the percentage of reservation.”
Keeping in view of the above law laid down by the Hon’ble Supreme Court, the Commission is not
justified in counting the two candidates who were selected for the post of MPDOs with 659 and 643
marks as candidates selected under BC’D’ (general). The respondents are liable to treat them a
Open Competition candidates and fill up those two vacancies with BC’D’ (General) candidates next
in the merit list.
18. Before considering the second issue, it is necessary here to extract Rule-6 of Rules of Procedure
prior to amendment and after amendment as well as Rule-7 of Rules of Procedure:
Rule-6: (Prior to amendment)
Andhra Pradesh PSC
“The ranking list prepared by the Commission for selection in a direct recruitment
shall remain in force for a period of one year from the date on which the selection list is
published on the Notice Board of the Commission or till the publication of the new selection
list whichever is earlier. The Commission may select candidates from the ranking list in
force in place of those who relinquish the selection or who do not join duty with in the
time given and also new requisitions (sent by appointing authorities). However, the
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