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

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422<br />

category, therefore, the applicant became eligible for the main examination. The applicant has submitted<br />

the prescribed application for main examination duly filled with the attested copies of the testimonials/<br />

certificates. In that he has claimed reservation under ‘II-B’ category and in support of his claim he has<br />

enclosed II-B certificate dated 16.4.2005 – Annexure-A1, which has been issued by the Tahsildar,<br />

Malur Taluk. Whereas, the Respondent has rejected the application of the applicant for main<br />

examination vide the impugned endorsement dated 12.5.2005 – Annexure-A4 on two grounds that<br />

(1) the applicant has not enclosed the relevant certificate in support of his initial claim for reservation<br />

under GM-Rural category and (2) that the subsequent claim of the applicant for reservation under II-<br />

B category, is not permissible.<br />

5. Learned Counsel for the applicant submitted that while filling up the application form for<br />

preliminary examination, the applicant by inadvertence and over sight had marked the G.M. and Rural<br />

columns and hence his candidature has been considered under GM-Rural category. Whereas, the<br />

applicant actually belongs to II-B category and in support of his claim the applicant has produced<br />

Caste Certificate claiming reservation under II-B instead of GM-Rural and the same has been indicated<br />

in the application for the main examination.<br />

Karnataka PSC<br />

6. The Counsel of the applicant further averred that the applicant had not claimed rural weightage,<br />

and the Respondent cannot put the applicant under GM-Rural category as he has produced Caste<br />

Certificate claiming reservation under II-B category and averred that the endorsement issued is without<br />

application of mind. Hence, seeks for an appropriate direction to the respondents.<br />

7. The respondent does not dispute the fact that the applicant was one of the candidates who<br />

appeared for the Gazetted Probationers Preliminary Examination 2005. The learned Standing Counsel<br />

for KPSC Sri. T.Narayanaswamy made the following submission that, the applicant in his application<br />

for the preliminary examination had indicated that he belongs to GM category and also claimed rural<br />

reservation and hence his candidature was rightly considered under GM-Rural. Photocopy of the<br />

original application is produced as Annexure-R1. The applicant has secured 291.50 marks in the<br />

Preliminary Examination and became eligible to write the main examination. Since he had claimed<br />

rural reservation under GM category and has secured 291.50 marks which is higher than the cut-off<br />

marks under GM-Rural, his candidature was considered for the main examination. The applicant has<br />

submitted his application for the main examination as per Annexure-A3 and did not produce any<br />

certificate in support of his original claim for rural reservation. Hence, the applicant has been treated

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