The division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala said, "the government is ordered to cancel the entire select list (of 2006 for 3,000 Lok Rakshaks) and shall undertake a fresh exercise to prepare it."
The bench has also made it clear that, "till the completion of the entire exercise of re-fixing/preparation of the new select list, the candidates, who are already in service, may not be disturbed till the finalisation of the entire select list."
About 50 petitions were filed in 2006 by unsuccessful SC and ST candidates, who had applied for the post of Lok Rakshak (constable on fixed pay) in response to the advertisement published by Gujarat Subordinate Services Board on February 7, 2004 for the posts of 1,965 armed and 1,035 unarmed constables in the state.
Petitioners claimed that the whole selection procedure undertaken by the Board was illegal and violative of fundamental rights guaranteed by the Constitution.
They argued that the reserved posts for Scheduled Castes(SC), Scheduled Tribe(ST) and Socially and Economically Backward Class(SEBC) were 146, 307 and 710 respectively, instead of 225, 450 and 810 according to the reservation policy.
"15 per cent of the selected candidates should have belonged to the ST and 7.5 per cent to SC. However, out of 3,000 candidates selected, only 142 belonged to the SC category which was less than 5 per cent," petitioners claimed while praying for the cancellation of the select list.
The bench, while ordering to carry the selection process afresh, also directed the government to prepare a general merit list of 1,515 candidates and thereafter, make the merit list of 1,485 candidates of the reserved category.
It has also directed that the reservation shall be provided in terms of the resolution of the state government dated September 5, 2000, which stipulated the reservation in the ratio of 7 per cent for SC, 15 per cent for ST and 27 per cent for SEBC.