The Delhi High Court on Friday reiterated that SC, ST and OBC candidates who secure higher marks than the last candidate in the general list can be selected against the unreserved vacancies for ancillary staff in the Railway Protection Force (RPF).
In 2013, the Railway Board had issued an advertisement for the post of Constable (Ancillary) in RPF, including the Railway Protection Special Force (RPSF), in seven different categories including Water Carrier, Safaiwala, Washerman, Barber, Mali, Tailor and Cobbler.
Fifty-five candidates belonging to the reserved categories had moved the High Court after they were denied appointment for the above posts.
The Centre had told the court that though the candidates belonged to reserved categories and marks of some of the candidates was higher than the cut-off for the unreserved category they could not be selected as they had availed relaxation.
The government had argued that these candidates availed various relaxations and hence had to remain in their respective reserve category only.
The candidates, however, relied on Indian Railway’s Standing Order No. 78 which stated that in case of ancillary staff like Water Carrier, Safaiwala, Barbar, Mali etc. candidates from SC, ST and OBC categories who come into the general merit list by securing higher marks shall be selected against unreserved vacancies.
A Bench of Justices S. Muralidhar and Sanjeev Narula said “merely because the petitioners have availed of relaxation as far as chest measurement and height measurement are concerned, or even age, it would not deprive them of being considered for appointment against unreserved vacancies if they have secured higher marks in the written exam than the cut-off for unreserved vacancies”.
During the pendency of the case, five candidates have already been selected. For the remaining 50 candidates, the court directed the Centre to issue them letters of appointment within four weeks.
