The Uttarakhand High Court has sought a reply from the state government and the state public service commission on a PIL challenging the rules for selection of reserved category candidates in the general category.
Hearing the PIL on Wednesday, a division bench of the high court comprising Chief Justice Vipin Sanghi and Justice RC Khulbe gave them four weeks' time to file their replies.
The court also passed an interim order saying the results of reserved category candidates who have availed benefits of relaxations -- age limit, experience qualification and permitted number of chances to take written examination -- while applying for the Uttarakhand United State Civil Services Examination-2021 will be subject to the decision of the petition.
The PIL will be heard again on February 14.
Brijmohan Joshi, a resident of Uttarakhand's Haldwani, and Shadab Khan from Pilibhit in Uttar Pradesh had filed the PIL challenging the rules of the state public service commission that allows a reserved category person to be selected in the general category.
Citing a central government directive, petitioners' advocate Kartikeya Hari Gupta argued that a reserved category candidate who has applied for a post with relaxation in standards can be selected only in a reserved category.
There can be no migration to the unreserved category even if the particular candidate is more meritorious than an unreserved category candidate, Gupta said.
On this basis, the PIL challenges the Uttarakhand Public Service Commission Examination Result Preparation Process Regulation, Regulation-IV (1) (III) of 2022 and Rule 6.2 (A) (2) (3) of the Uttarakhand Public Service Commission Examination Result Preparation Procedure Rules, 2012.
The petition said this rule is arbitrary and against the reservation policy of the central government.This overlapping of reservation benefits is also violative of Article 14 of the Constitution, it said.