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

Orissa PSC
be appointed on the basis of merit and their names should be excluded for the purpose of reservation.
Out of 399 advertised vacancies, 129 posts are earmarked for general category and 36 posts would
form the women’s quota. According to them those lady candidates who belong to the general category
and occupy positions in the merit list upto Sl.No.93 should be excluded and a batch of 36 general
category lady candidates from Sl.No.94 onwards should be appointed against the Women’s quota.
According to them the Commission had adopted a pick and choose method for treating certain
candidates as extra candidates and having published the select list, it is no longer available to them to
exclude the candidates included in it. They have prayed for appointment by quashing the letter of the
Commission dt. 10.7.98 and fixing the Women’s quota in the manner indicated above. This point was
argued at great length by learned counsel appearing for them.
(iii) The applicant in O.A.2919 (C)/98 is a lady candidate and belongs to the general category.
She is placed at Sl.No.147 of the merit list of 377 and is not included in the list of 19 extra candidates.
She has also made a grievance of certain candidates being permitted to sit in the preliminary examination
and take the language test in Hindi after the amendment was brought out. She also alleges that the
reservation for women was not correctly determined. According to her after allowing reservation for
SC, ST and SEBC at the rate of 16.25%, 22.50% and 27% respectively making a total of 65.75% in
accordance with the G.A. Department Resolution dt. 26.6.96, there remains only 34.25% and according
to this ratio 135 post out of the total number of 399 should be treated as unreserved and 1/3 rd out of
that i.e. 45 posts should have been reserved for women. But in this case 129 posts only are reserved
for general category. Even out of 129 posts 43 posts should have been reserved for women belonging
to General category. She has further stated that about 10 to 12 vacancies meant for women in SC and
ST categories would remain vacant and she should be appointed against one such vacancy. The
prayer in this application is that the 22 candidates who opted for Hindi as the Indian Language should
not be appointed and the reservation for SC, ST and SEBC which is more than 50% should be
quashed. Enhancing the quota of reservation in respect of SEBC from 11.25% to 27% should be
quashed as illegal and arbitrary and she should be appointed either by refixing the quota meant for
women in the manner indicated by her or by directing the Commission to recommend 62 additional
candidates as requisitioned by the G.A. Department.
9. We have carefully gone through the contents of the applications, the replies filed by the G.A.
Department and the Commission, the rejoinder and notes of submissions filed by the applicants and
heard at length learned counsel for the applicants, learned Standing Counsel and learned counsel for
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