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

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the merit list from the Commission on the basis of the requirement, necessity and priority with due
regard to the merit position of the candidates. The decision as to which four posts should remain
vacant for non-availability of four Scheduled Tribes candidates should not have been taken by the
Commission. It acted unreasonably and arbitrarily by not recommending 8 th and 9 th position holders
and instead recommending persons at 13 th and 15 th of the merit list. The decision of the Commission
thus fails Wednesbury test leaving the Court to interfere with the same, which we are inclined to do.
23. SUBMISSION ON FATE OF THE PRIVATE APPELLANTS:-
At this juncture, Mr. S.Talapatra, learned senior Counsel appearing for the private respondents has
placed a submission that in the event of setting aside and quashing of the selection and appointment of
the private appellants, they would be simply thrown out of employment for the reason that the lower
posts earlier held by them, which had fallen vacant following their appointment to the posts of Assistant
Professor, have already been filled up. That apart, the interest of the institution would also greatly
suffer as there would be almost no teacher in the grade of Assistant Professor in such an eventuality.
These extraneous circumstances or resultant consequences cannot have any relevance to the issues
which precisely are correctness and legality of the selection process and the recommendations made
by the Commission we are called upon to decide. Our inquiry thus stands restricted to the correctness
of the findings of the learned Single Judge with regard to the aforesaid issues in the facts situation of the
case and the legal positions noticed above.
Tripura PSC
24. SUBMISSION ON ROSTER MECHANISM:-
Mr. Talapatra advanced another submission that if the hundred point roster, which starts from
roster point 3 in the present case, is pressed into service in a different way by first accommodating all
selected candidates of a particular stream against the allotted slots for UR category in the roster, then
irrespective of the merit position, Dr.(Smti) Aparna Nath and Dr. Saroj Kr.Das can be accommodated
leaving two vacancies in the stream of Electrical and Mechanical Engineering as those vacancies
would fall in the slots of the roster reserved for Scheduled Tribes.
We are unable to understand and appreciate this submission at all. What we understand is that the
roster mechanism is not a law by itself, but is only a means to achieve the reservation target. By no