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

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him, the same being a single post, cannot be kept for any reserved category. On this issue, learned
Single Judge held thus:
“If the said post was a reserved post naturally the eligibility of the petitioner to participate
in the selection process would have been absent. Having thus permitted the petitioner to
participate in he selection process where he was the lone candidate in his chosen discipline,
the Commission would not be fair to deny appointment to the petitioner after the selection
is made on he ground that the said post is a reserved post by basing their decision with
reference to the common merit list prepared by the Commission.”
This, in our view, has not been correctly dealt with and decided by the learned Single Judge in view
of the provisions contained in the Recruitment Rules which do not say which particular post shall be
reserved for Scheduled Tribes or Scheduled Castes. It has been correctly argued by Mr. S.Deb,
learned senior counsel appearing for the respondent Commission that the petitioner could not be
selected for appointment to the post of Assistant Professor (Computer Science and Engineering) not
because the post was reserved for Scheduled Tribes or Scheduled Castes, but because the petitioner
could not come within first 9 persons in the merit list for appointment against a post available for
general category. The first and foremost condition of appointment of any person to any of the 17
posts advertised is that if he is of general category, he must be one of the first 9 candidates selected on
merit and only thereafter, he could be accommodated against the discipline of his choice if vacancy
remains after accommodating candidates, if any, above him in the same discipline. Thus, the view that
the post of Assistant Professor (Computer Science and Engineering) had been kept for reserved
category illegally and arbitrarily only after the selection process and because of such reservation the
petitioner could not be appointed to that post is, in our view, totally misconceived and, therefore,
unsustainable in law. It is quite evident from the consistent stand of the State and the Commission that
neither the post of Assistant Professor (Computer Science and Engineering) nor any other post has
ever been specifically earmarked for any reserved category. Out of 17 posts advertised, 9 were
available for general category, 5 for Scheduled Tribes and 3 for Scheduled Castes, as per provision in
the Recruitment Rules, as correctly reflected in the advertisement published. There being no ambiguity
about this position, more so neither the recruitment rules nor the advertisement having been put under
challenge by the petitioner, the only acceptable view to be taken is that no post was reserved before
or after the selection and it just happened that because of non-availability of four ST candidates, four
posts remained vacant, one of which happened to be the post of Assistant Professor (Computer
Science and Engineering).
Tripura PSC