MP High Court Refuses To Interfere In Plea By General Category Candidate Who Lost Seat To Meritorious SC Candidate Despite One Unfilled SC Category Seat

The Madhya Pradesh High Court, Gwalior Bench recently dismissed a petition wherein the Petitioner was aggrieved with the selection process of a University whereby she lost a seat to a meritorious SC candidate despite an unfilled SC category seat.

The Bench comprising of Justice G.S. Ahluwalia did not go into the merits of whether the non-filling of post of reserved category was proper or not-

If the facts of the present case are considered, then it is clear from the result filed by the respondent alongwith the return that, Ku. Aarti Kaithwas had secured 53 marks, i.e. more than the benchmark fixed by the selection committee, whereas the petitioner had secured 49 marks, i.e. less than the benchmark fixed by the selection committee. Even if the benchmark fixed by the selection committee is ignored, it is clear that Ku. Aarti Kaithwas has secured more marks and was more meritorious in comparison to the petitioner. Therefore, she was rightly given appointment against the women unreserved category.

Since the seat reserved for Scheduled Caste candidates has remained unfilled and nobody has challenged the said aspect, therefore, it is not necessary to consider the aspect as to whether non-filling of post reserved for SC category was proper or not.

Facts of the case were that the Respondent University had invited applications for certain posts of Sub Engineer (Civil). Subsequent to the minimum cut-off marks fixed by the selection committee, the Petitioner could not qualify for the seat as another meritorious candidate from SC category was selected for the unreserved category seat. With this, the one seat reserved for SC category candidate remained unfilled. Petitioner moved the Court arguing that a reserved category candidate cannot be "migrated" to the unreserved category.

Examining the submissions of parties and documents on record, the Court clarified that the unreserved seats do not come under any separate quota-

Unreserved category is not a quota and cannot be treated as a separate independent category reserved for those candidates only who does not belong to other reserved category. Unreserved category is an open category available to all the candidates, even to those who are belonging to other reserved categories. Therefore, if a candidate belonging to a reserved class is given appointment against the unreserved quota for having secured more marks, then it would not amount to migration of a candidate from one category to another.

Further, relying on the decision of the Apex Court in Sadhana Singh Dangi & Ors. v. Pinki Asati & Ors., the Court observed that while applying horizontal reservation, merit is to be given preference and that if a candidate belonging to reserved category has scored more marks, then they must be considered for the post meant for unreserved category.

With the aforesaid observations, the Court held that the Respondent University did not commit any error in appointing a SC category candidate under an unreserved category seat, who had scored higher marks than the Petitioner. Accordingly, the petition was dismissed.

Case Title : MISS LOVELY NIRANJAN v RAJMATA VIJAYARAJE SCINDIA KRISHI VISHWAVIDHYALAYA

Case citation: 2022 LiveLaw (MP) 206

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