B(6HCOy TCSJU1»MTj| ghUW DIVISION BENCH CORAM: HON'aLESWIS.R.NAYAK.&f & HON'BLESHRIV.K.SHRIVASTAVA.J. pgrnTjipjNERS RESPONDENTS W.P.IIto.1380<rf20(W 1. Prakash Chandra Gautam S/o Shri Nirmat Chandra Gautan, Aged d»i<34 years, presently woriw^i as Siiksha Karmi Grade- 1 at Govemment Model H^her Secondaiy School, Navapara-Rajtm, District Ra^ur; R/o behnxl SwasUk Automobites, Bus Stand, Nawpara Rajim, Distrld-Ralpur (CG) 2. Ashok Kumar Sahu S/b Shri Kushat Ram Sahu; /^ed aloout 38 years, presently working as Shiteha Karrm GraKte-1 srt Govemmert Madel Hgher Seeondaiy Sdiool, Navapara-Rajim, District Raipur; R/o Near Pawan CSwan Ashram, Raipur Road, Rajim, District Raipur (C.G.) VETOUS 1. State <rf Chhattisgarh Through tte Secretary, School Educartton Department, DKS Bhawan, Raipur (C.G.) 2. CNiattisgarh PubNc Seryice Cunmtesion, Through its Secrrtaiy, Shankar Nagar, Raipur (CG) 3. The Exanwnatton Cortrolter, Chherttlsgarh Publfc Setvfce Commission Shankar Nagar, Raipur (C.G.) Presenfc Shri P. Diwateir, teamed Sr. Advooate with Shri A. MinhfiB, teamed counsel for the peUttonera. Shri Prashant Mishra, learrwd AcUt Adv. Gen. (or the State of Chhattisgarti/respondent No.1. Shri Ashish Shmastava, tearned counsel for respondents No. 2 &3. Shri Utkareh Verma, leamed cajnsel for intervener. ORALORDHl {Passed on 27" November, 2008) 2-.— The foltowing oral order of the Court was pasaed by S.R. NAYAK, CJ. T1ie petittonere are flie appltoarte for the post of Princ^wl, Higher Secondaiy School (+2) in the vwttten examination conAicted by the Chhattisgarh Public Service Commisslon, the 2nd respondent heran The second respondent called for application for fltlhng-up 46 posts of Prinoipal, Higher Secondaiy School (+2). Out of 46 posts, 25 poste are resened Ibr unreseived categoiy, 7 posts to &;hecMed Caste, 8 posts to Sdieduted Tribe and6poststoOBC. (2) It appeara that on the basis of the retative peiformance of the in wct\ of the afbrementtoned Ibur cateywies, separate and exclusive lists for each category are mate. Admittedty, a list crf 86 candklates is made with regaid to unreserved categoiy and this tist inctudes onty those oandidates who belong to general merit category. tn other worete, in pfepannQ the list d 85 candidates under unreseived categoiy fbr the purpose at cating Tor eligibte candkJates TOT intervlew, the y respondent has not taten intn accourt alt the candidates who have applied for the post and sppeared hthe wntten examination nor the relative performance ofthose candtdates. (3) The main grievance crf the prtitionere in this writ pettton is th^ the above pnxedure actofrted by <he ^ respondent in preparing the liste Is ex facfe iUegal, unconstitutiorel and violathre <rf Artietes 14 and 16(1) <rf the Constitution of India. (4) I flnd foree in the above submission of the teamed Sertor counsel appeartrg for the p^itionere. tt is needtess to state that wlth r^iarct to the posts meant for unreseived certegory, all the appttoants wtto have applted for the posts are entiUed to canpete on the basis (rftheir relatwe merite. It is edso well settled that a cancHdate b^onging to reseived cetegory BKe Scheduted Casts, Scteduted Tribe and OBC can conyete vwth the generat category canctidates and on his <wn merit coutel securea seat or a job mwft for (^ & unreserved category. The post or admission given to him on the bssis cS retative merit amongd all caKltelates cannot be wt-off against the seats eannarted or reseived for reseived categoiy litee Sctreduted Casts, Scheduled Tribe and OBC. tn thsrt view cS the matter, the 2"* resporxtent <^iite preparirg the tist of 86 pereons ftir the puipose of oalling fbr the inteiview to fill-up 25 posts meant fbr unreserved category, ougrt to have coreidered the relaGve merits of alt those candidates who have appeared for the examinatkm irrespective of the tect wh^her some of them betong to sny iroened <ategcwy lite Scheck^ted Casts, Scheduted Tribe and OBC and in tenns <rf the refaUve inter-se merit shoutel have prepared the list This oardmat prhciple whtoh is required to be obseived by the &)iT»nisstonis flouted in the preparatton tfthe lists. (5) There is no difficulty fbr the Court to appreciate how the above procedure adopted bythe 2"' respondent woutd operate to the prejudkseufthe reserved categories like Scheduted Caste, Scheduled Trtbe and OBC. If the candkfates betonging to ScheAited Casts, Schecfcited Tribe and OBC on their own relative merit couU secure appointments to eny <rf the 2S poste of Principal, Higher Seconclaiy School (+2) reseived for unreserved categuy, such appointnrents are required to be ®«cludedfrom Vne number a/S posts reserved fbr Scheduted Casts, Scheduted Tribe and OBC categories, so that the relatwely tess meritorious candidates in those three categories woukl be entitled to insist and secure appointmerts against 7 posts, 8 posts and 6 pods resaved for the earKlidates betonging to Scheduted Oasls, Scheduled Tribe and OBC respectively. (6) IntheresultandfQrtheforegoingreasons.wealtowthewritpetition. A direcdion shatl issue to the 2*rt respondent to remate the 11st in accordance with the law and the obseivErtions made in this order. It is needless to state ttiat the 2nd respondent shall in the firet fristance make the list of candfclat^ to be calted for inte(view to filt-up 25 pods of Principal, Hi^ier Secondary Sehool (+2) and -^- thereafteiwarcls proceed to make lists fw the purpose of inteivtew to flll-up ttw posts reseived for reserved categories Uke Scheduted Casts, Scheduted Tribe and OBC exctuding all those candkjates belongir^i to these three categories who have on their own retedve merit secure appointment agam^ the posts reserved fbr unreserved categori^. No costs. (7) The parties are entitted for uigent certified eopy of ttiis cnlgr. A / Sd/- Chief Jusdce Sdf- V.K. Shrivastava Judge K^m.te-