Cut-off marks can’t be reduced to fill vacant posts: High court

ALLAHABAD: In an important judgment, the Allahabad high court has ruled that cut-off marks for reserved category candidates in a recruitment process cannot be decreased on the plea of an aspirant just because some vacancies of reserved quota are vacant.

“The petitioner participated in recruitment process and later challenged select list and prayed that cut-off marks for reserved category should be lowered to fill vacant posts. However, in view of the settled law once the petitioner submitted himself to the procedure of selection and became unsuccessful, he cannot turn around and protest against the terms of process of selection,” observed justice Siddharth while dismissing the petition filed by one Bhuvnesh Pachauri belonging to the category of ‘dependents of freedom fighters’ (general).

The petitioner had applied in respect of advertisement dated October 3, 2013, by the UP Jal Nigam for the post of junior engineers (civil). He appeared in written examination in 2014 and only five candidates belonging to the same category as the petitioner were called for interview.

The petitioner’s contention was that as per law, 2% seats were required to be reserved for the ‘dependents of freedom fighters’.

The total seats advertised were 469. Hence, nine posts were required to be reserved for the aforesaid category but only five candidates were invited for interview and all of them were selected.

UP Jal Nigam’s plea was that the cut-off marks for qualifying for interview was fixed as 42 but the petitioner obtained only 34 marks and so he was called for the interview.