न्यायानिर्णय Judgement

सर्वोच्च न्यायालयाचा निर्णय: अपयशी उमेदवारांना भरती प्रक्रियेवर आक्षेप घेता येणार नाही.

Supreme Court Ruling: Unsuccessful Candidates Cannot Challenge Recruitment Process..

Background:-

1. Advertisement and Recruitment: The Rajasthan High Court, Jodhpur, issued an advertisement on July 22, 2021, for the direct recruitment of 120 Civil Judges and Judicial Magistrates.
2. Candidates Involved: Rekha Sharma, with a 40% permanent visual disability, and Ratan Lal, with a 55% locomotor disability in his right upper limb, applied under the Persons with Benchmark Disabilities (PwBD) category.
3. Examination and Results: Both candidates appeared for the Preliminary Examination but were declared unsuccessful.
4. Reason for Court Appeal: The candidates approached the court, arguing that the Rajasthan High Court did not disclose the cut-off marks for the PwBD category, which they claimed was discriminatory. They believed this omission violated their Fundamental Rights under Articles 14, 16, and 21 of the Constitution of India and was against the Rajasthan Judicial Service Rules, 2010, and the Rajasthan Rights of Persons with Disabilities Rules, 2018.

Supreme Court’s Observations:-

1. Reservation Clarification: The Court clarified that the reservation for PwBD candidates was an “Overall Horizontal Reservation,” meaning it applied across all categories (General, OBC, SC, ST) rather than within each specific category.
2. Cut-Off Marks: The Court observed that the Rajasthan Judicial Service Rules, 2010, did not require separate cut-off marks for PwBD candidates. Because of this, not having a specific cut-off for the PwBD category was not seen as unfair or discriminatory.
3. Participation and Challenge: The Supreme Court emphasized that candidates who actively participated in the selection process cannot challenge the advertisement or the selection methodology after being declared unsuccessful.
4. No Constitutional Violation: The Court found that the actions of the Rajasthan High Court did not violate Articles 14, 16, and 21 of the Constitution.

Conclusion:-

1. Decision: The Supreme Court supported the Rajasthan High Court’s rulings and rejected the appeals of Rekha Sharma and Ratan Lal.
2. Final Ruling: The Court concluded that there was no illegality in the Rajasthan High Court’s judgment, and the appellants, having participated in the selection process, could not challenge the results after being unsuccessful.