- (1.) The present appeal arises from order dated 20.05.2016 dismissing S.B. Civil Writ Petition No.4971/2016 and analogous cases in view of an earlier order dated IT.05.2016 passed by a Division Bench (Jaipur Bench) in D.B.Civil Special Appeal (Writ) No.635/2016 and 117 analogous appeals on a similar issue.
(2.) Learned counsel for the appellants submits that if in the preliminary examination a reserved category candidate failed to secure the cut off marks in his own category, but secured more than the cut off marks for the general category which was lower, the reserved category candidate is required to be treated as a general category candidate and has to be called for the main examination by bringing him within the ambit of fifteen times the number of candidates according to vacancies. In absence of the same, it causes hostile discrimination and amounts to arbitrariness by shutting out a reserved category candidate at the stage of preliminary examination itself notwithstanding the fact that he had more marks than a candidate in the general category. It tantamounts to creation of reservation in favour of general category candidates. This was never the intendment of the Constitution to penalise a reserved category candidate despite his better performance than a general category candidate. Reliance was placed on Rajesh Kumar Daria v. Rajasthan Public Service Commission & Ors., (2007) 8 SCC 785.
(3.) We have considered the submissions. The order of the Division Bench in D.B. Civil Special Appeal (Writ) No.635/2016 has been considered and examined by us meticulously. Except for what has been urged on behalf of the appellants as noticed above, no substantial question of law has been urged before us to require reconsideration of the order of the Division Bench by reference to a larger Bench.;