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Candidates Belonging To Reserved Categories Eligible For General Category Vacancies Based On Merit: Supreme Court

Team SoOLEGAL 21 Dec 2020 3:21pm

Candidates Belonging To Reserved Categories Eligible For General Category Vacancies Based On Merit: Supreme Court

Supreme Court was hearing a plea which was filed by two candidates who had appeared for the selection process conducted by State of Uttar Pradesh to fill up the posts of Police Constables. In the petition they had stated that, their claims for the post of General Category female candidates were rejected because they belong to the category of vertical reservation that is OBC, SC, ST etc.


Justice Uday Umesh Lalit, Justice S. Ravindra Bhat and Justice Hrishikesh Roy were hearing the plea and held that, all the candidates who belong to reserved category are also eligible to fill general/open category vacancies.


The Court also held that it is a well-settled principle that a candidate belonging from vertical reserved category is eligible to get selected on ‘Open or General Category’. If a candidate belonging to the reserved category is eligible to be chosen on the basis of his or her own merits, the placement of the candidate cannot be counted against the quota reserved for the vertical reservation categories to which the candidate belongs.


The principle of vertical reservation is being adopted by the High Courts of Bombay, Rajasthan, Gujarat, and Uttarakhand but the same principle is not being adopted by Allahabad and Madhya Pradesh High Court.


High Courts of Allahabad and Madhya Pradesh are of the view that, the reserved category candidates can only be adjusted against their own categories that is under the category of vertical reservation and not against the ‘Open or General Category’. The Supreme Court had rejected this view and stated that, when making changes to the horizontal reservation in the Open or General Category seats, less meritorious candidates are being selected, as has been the case in the present situation. It is found that the last candidates, who were chosen in the Open General Women's group, when changing the horizontal reservation, had earned fewer marks than the applicants.  

The Court was of the view that, the selection process must not be conducted on the basis of the reserved category, rather it should be conducted on the merit of the candidates. The Court had held that, the job of police constables must be given to the ‘OBC Female Category’ candidates who have secured more marks than candidates belonging to the ‘General Category Female’.



Tagged: Supreme Court   Police Constables Vacancy   Justice Uday Umesh Lalit   Justice S. Ravindra Bhat   Justice Hrishikesh Roy   General Category Vacancies   Allahabad High Court   Madhya Pradesh High Court   High Courts  
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MD MOHSIN ALAM IRS   21 Dec 2020 6:51pm
sir, it is not clear from the facts above whether the Reserved candidates claimed any benefit of Reservations in the initial stage or any stage of the selections before reaching the final stage ???
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