Heard Shri A.D.Vankar, learned counsel for the applicant. Perused the pleadings and the  documents annexed thereto. 

2.       The grievance of the applicant, in this OA, is as to not declaring him as qualified for written examination on the basis of the marks secured by him in the Aptitude Test held on 14-5-2017. 

3.     The applicant has applied for the post of Multi Tasking Staff pursuant to the notification dated 24-3-2017 vide Annexure A-2. The applicant was allotted Roll No.1035260 and he was permitted to appear in the Aptitude Test held on 14-5-2017.   

4.     Shri A.D.Vankar, learned counsel for the applicant points out that total marks secured by the applicant in Aptitude Test is 72.

5.    He draws my attention to the notification dated 18-05-2017 vide Annexure A-1 and points out that cut-off marks to qualify for the written (Descriptive) test in respect of OC candidate is 63 whereas the total marks secured by the applicant is 72.  He argues that the applicant being a Schedule Caste candidate is entitled to compete with OC(UR) candidate. Referring to the cut-off marks of OC(UR) candidate i.e. 63 and the total marks secured by the applicant is 72, Shri A.D.Vankar argues that the applicant is entitled to participate in the written examination to be held on 11-6-2017 (Sunday).    

6.    Upon hearing Shri A.D.Vankar and on perusal of the material available on record, prima facie, I am of the view that the applicant is entitled to participate in the written examination scheduled to be held on 11-6-2017 (Sunday) in view of the fact that total marks secured by the applicant in Aptitude Test is 72 whereas cut-off marks for OC(UR) is 63 and in view of the settled position of law that a candidate of any other category shall be treated as an OC(UR) candidate as long as he is in a position to compete with the OC(UR) candidate as held by the Constitution Bench of the Hon'ble Supreme Court in case of Indra Sawhney Etc. & Ors.  v/s. Union of India & Ors., AIR 1993 SC 477.   

7.  Shri A.D. Vankar draws my attention to the list of Revised Additional Candidates qualified for the written test to the cadre of Multi Tasking Staff (MTS) in Administrative/ subordinate Offices of Gujarat Circle for the exam to be held on 14-05-2017 and points out that the name of the applicant does not figure in the said list.  

8.    Prima facie, I find that the applicant is required to be included in the said list. Under the circumstances, the respondents are directed to permit the applicant to participate in the written examination to be held on 11-6-2017 (Sunday).

9.     Issue notice to the respondents, returnable by 14-7-2017.

10.   Direct service of this order to the respondent No.2 is permitted.