The division bench of Chief Justice R Subhash Reddy and Justice V M Pancholi gave this ruling on a plea by the Gujarat Public Service Commission that challenged a single-judge bench order of the court which had allowed inclusion of two backward classes candidates in the general category merit list.
Two Socially and Educationally Backward Classes (SEBC) candidates Nirav Makwana and Dharmendra Patel had approached the single-judge bench of Justice K M Thaker earlier challenging the GPSC's merit list for 2014.
The petitioners said they had got more marks than the last candidate in the merit list of general category.
They wanted jobs in the general category so that other SEBC candidates could make it to the merit list of the reserved category, the petitioners said.
The GPSC had countered their arguments before Justice Thaker saying said as per the government's policy, they can't claim a place in the open category after availing of the concession in the age limit given to the reserved category candidates.
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