Facts
The sixteen petitioners, serving as Home Guard constables, applied for the post of Constable under Advertisement No. 2 of 2019.
Source reference: p. 1-2They approached the High Court seeking a direction to allow them to appear in the Physical Efficiency Test (PET) and to declare them successful in the written examination by granting marks relaxation.
Source reference: p. 2The petitioners argued that the 50% vacancy quota reserved for Home Guards was not properly implemented.
Source reference: p. 2During the pendency of the writ, the selection process was completed and appointments were made.
Source reference: para. 3The Central Selection Board (CSBC) opposed the petition, stating the petitioners failed to secure the minimum qualifying marks.
Source reference: para. 4Issues
1. Whether the petitioners are entitled to a relaxation in minimum qualifying marks for the written examination based on their status as Home Guards.
Source reference: para. 2, 42. Whether the selection process under Advertisement No. 2 of 2019 was vitiated by failing to adhere to the horizontal reservation or relaxation norms for Home Guards.
Source reference: para. 5, 6Law Applied
The Court applied the specific terms of Advertisement No. 2 of 2019 and relevant Government notifications regarding recruitment.
Source reference: para. 4, 6Clause 13.2 of the advertisement stipulated a five-year relaxation in the maximum age limit for Home Guards but explicitly excluded any other form of relaxation, including marks relaxation.
Source reference: para. 4The Court further adhered to the principle that candidates must meet the prescribed minimum qualifying threshold (30% in this case) to proceed in a recruitment process.
Source reference: para. 4, 6Reasoning
The Court examined the eligibility of the petitioners against the mandatory requirements of the recruitment notification. It was observed that while the petitioners sought relaxation in the written examination marks, Advertisement No. 2 of 2019 only provided for age relaxation under Clause 13.2 and contained no provision for lowering the qualifying marks for Home Guards.
Source reference: para. 4, 6The record established that none of the petitioners secured the minimum qualifying marks of 30%, which rendered them disqualified from proceeding to the Physical Efficiency Test.
Source reference: para. 4, 6Furthermore, the Court noted a procedural hurdle: the petitioners did not challenge the validity of the advertisement itself or the final selection list, yet they sought relief that contradicted the advertisement's terms after the selection process had already concluded and appointments were finalized.
Source reference: para. 3, 6Holding
The Court answered the issues in the negative, holding that the petitioners had no legal right to marks relaxation not provided for in the advertisement and had failed to meet the qualifying criteria.
The Court found no merit in the petition as the selection process was already concluded in accordance with the law, and consequently, the writ petition was dismissed.
Source reference: para. 6, 7Original Court PDF
Santosh Kumar YadavvsThe State of Bihar
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