Reserved Category Candidates More Meritorious Than The Last Of General Category Candidate Entitled To Get General Category Seat: Supreme Court

The Supreme Court has observed that the reserved category candidates securing higher marks than the last of the general category candidates are entitled to get seat/post in the General category.

The candidates belonging to reserved categories can as well stake claim to seats in unreserved categories if their merit and position in the merit list entitles them to do so., the bench comprising Justices M R Shah and B V Nagarathna observed.

In this case, the Central Administrative Tribunal, Jodhpur allowed the application preferred by a candidate holding that those candidates belonging to OBC category, who were having more merit were required to be adjusted against the general category seats and consequently the seats reserved for OBC category were required to be filled in from remaining reserved category candidates on merit. The High Court dismissed the writ petition filed by BSNL challenging this order of the Tribunal.

Before the Apex Court, BSNL contended that where reserved category candidates are selected on merit and placed in the list of general category candidates, they can be adjusted against reserved category vacancies in order to get a service of higher choice at the time of service allocation. On the other hand, the respondents contended that the reserved category candidates having obtained more marks than the last candidate in general category candidates will have to be adjusted against the general category quota and they were required to be considered in the general category pool, thereby the remaining candidates belonging to the reserved category were required to be appointed against the quota meant for reserved category. 

The issue considered by the bench was whether in a case where the reserved category candidates secured more marks than the general category candidates, such reserved category candidates will have to be first adjusted in the general category pool and they shall be considered for appointment in the general category pool or against the vacancies meant for reserved category candidates?

The bench noticed the observations made in the following judgments on this issue: Indra Sawhney Vs. Union of India, 1992 Supp (3) SCC 217; R.K. Sabharwal Vs. State of Punjab, (2007) 8 SCC 785; and Rajesh Kumar Daria Vs. Rajasthan Public Service Commission, (2007) 8 SCC 785, Saurav Yadav Vs. State of U.P., (2021) 4 SCC 542, Sadhana Singh Dangi Vs. Pinki Asati, (2022) 1 SCALE 534. The court noted that

(1) Candidates belonging to any of the vertical reservation categories are entitled to be selected in "open or general" category and it is also further observed that if such candidates belonging to reserved categories are entitled to be selected on the basis of their own merit, their selection cannot be counted against the quota reserved for the categories that they belong.

(2) The reserved category candidates securing higher marks than the last of the general category candidates are entitled to get seat/post in unreserved categories. Even while applying horizontal reservation, merit must be given precedence and if the candidates, who belong to SCs, STs and OBCs have secured higher marks or are more meritorious, they must be considered against the seats meant for unreserved candidates. Candidates belonging to reserved categories can as well stake claim to seats in unreserved categories if their merit and position in the merit list entitles them to do so.

Therefore, the bench upheld the High Court judgment on this issue and observed"

Applying the law laid down by this Court in the aforesaid decisions to the facts of the case on hand, it is noted that the aforesaid two candidates, namely, Mr. Alok Kumar Yadav and Mr. Dinesh Kumar, belonging to OBC category, were required to be adjusted against the general category as admittedly they were more meritorious than the last of the general category candidates appointed and that their appointments could not have been considered against the seats meant for reserved category. Consequently, after considering their appointments in the general category, the seats meant for reserved category were required to be filled in from and amongst the other remaining reserved category candidates on merit such as respondent No.1 herein. If such a procedure would have been followed, the original applicant – respondent No.1 would have got appointed on merit in the reserved category seats in the vacancy caused due to the above procedure.

The court however noticed that by reshuffling and on insertion of two OBC candidates into general category select list, two general category candidates already appointed shall have to be expelled and/or shall have to be removed, who are working since long and it may unsettle the entire selection process. Therefore, invoking its powers under Article 142 of the Constitution, it directed that on reshuffling, these two candidates belonging to general category shall not be removed from service as they are working since long.

Case details

Bharat Sanchar Nigam Limited vs Sandeep Choudhary | 2022 LiveLaw (SC) 419 | CA 8717 OF 2015 | 28 April 2022

Coram: Justice M R Shah and B V Nagarathna

Counsel:  Sr. Adv Rajeev Dhavan  Adv Pradeep Kumar Mathur  on behalf of the Appellant, Adv Gaurav Agrawal, Amicus Curiae, and Adv Puneet Jain for respondent

Headnotes

Reservation - The reserved category candidates securing higher marks than the last of the general category candidates are entitled to get seat/post in unreserved categories - Even while applying horizontal reservation, merit must be given precedence and if the candidates, who belong to SCs, STs and OBCs have secured higher marks or are more meritorious, they must be considered against the seats meant for unreserved candidates - Candidates belonging to reserved categories can as well stake claim to seats in unreserved categories if their merit and position in the merit list entitles them to do so. (Para 8-9)

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