Lawstreet Journal

Open Category is Not a ‘Quota’ but Rather Available to All Women and Men Alike :Supreme Court [READ JUDGMENT]

Lawstreet Journal 21 Dec 2020 10:28pm

Image courtesy: Lawstreet Journal Judiciary Open Category is Not a ‘Quota’ but Rather Available to All Women and Men Alike :Supreme Court [READ JUDGMENT]

The Supreme Court on 19th December 2020 reaffirmed that women candidates belonging to reserved category, can also fill general category vacancies.

The observation was made by a bench comprising Justices U.U. Lalit, Vineet Saran and Ravindra Bhat in a Miscellaneous Application preferred by Sonam Tomar and Reeta Rani, who had participated in the selection process initiated for filling up vacancies of Uttar Pradesh Constables and secured 276.5949 and 233.1908 marks, respectively. They had applied in the female’s Other Backward Classes and Scheduled Caste category respectively.

The applicants submitted that their claim has been rejected by the State government despite directions issued by the Supreme  Court in its Order dated 24.07.2019 in I.A. No.10394 of 2018 (Ashish Kumar Yadav and Others vs. State of Uttar Pradesh and Others) and that candidates with lower marks have been selected in General Female category disregarding their claim.

That Aggrieved by the action on part of the State in not considering the claim of OBC female and SC female candidates against the posts meant for General Category female candidates, this Miscellaneous Application is preferred submitting inter alia:- 

“13. That a perusal of paragraph 4 of the Compliance Affidavit dated 13.11.2019 filed by the Respondent State reveals that while all Male Candidates belonging to OBC, SC, ST category securing more than the cut off marks (313.616) for the Male Candidates in the General/Open/Unreserved Category have also been selected, the same standard has not been applied to the OBC/SC/ST Women Category Candidates like the Petitioners/Applicants although they have obtained more than the cut of… Continue Reading...

Tagged: Supreme Court of India  
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