Skip to main content

'General Category Employment in Govt Services open to all Classes', rules Supreme Court, says only condition for candidate is 'Merit'

 The Supreme Court has said the general category vacancies in public employment is open to all including aspirants belonging to reserved categories like other backward classes (OBCs) and Scheduled Castes (SCs) and Scheduled Tribes (STs).


 A bench comprising of Justice U U Lalit, Justice Ravindra Bhat and Justice Hrishikesh Roy said that disallowing meritorious candidates of reserved categories to migrate and get selected under general category would amount to “communal reservation".


“The principle that candidates belonging to any of the vertical reservation categories are entitled to be selected in “Open or General Category" is well settled. It is also well accepted 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 for vertical reservation that they belong," Justice Lalit, who wrote for himself and Justice Roy, said.


Justice Bhat, who wrote a separate concurring judgement, said, “The open category is not a 'quota', but is rather available to all women and men alike."


He said, “the open category is open to all, and the only condition for a candidate to be shown in it is merit, regardless of whether reservation benefit of either type is available to her or him."

The judgement came on petitions including the one filed by two candidates, belonging from OBC-female and SC-female categories respectively who had taken part in the exam in 2013 meant for selection of constables in Uttar Pradesh. 


It was alleged by one Sonam Tomar, a candidate from the OBC-female category, that she secured more marks then the general category woman who got the employment.


The court, in its judgement, said, “All candidates coming from 'OBC Female Category' who had secured more marks than 274.8928, i.e. the marks secured by the last candidate appointed in 'General Category–Female' must be offered employment as Constables in Uttar Pradesh Police."

It said the logical consequence would have been to “annul" the selection and direct authorities to do the exercise “de novo" (afresh) in the light of conclusions arrived at.


“However, considering the facts that those selected candidates have actually undergone training and are presently in employment and that there are adequate number of vacancies available, we mould the relief," the bench said.


It directed the state government to issue letters to all those OBC female category candidates who secured more marks than selected general category female candidates. 

“Appropriate letters in that behalf shall be sent to the concerned candidates within four weeks," it said, adding, “If the concerned candidates exercise their option and accept the offer of employment, communications in that behalf shall be sent by the concerned candidates within two weeks."


The Scheduled Caste candidate could not get the same relief she did not get equal or more marks then the selected general category female candidates.  


In 2013, the selection process was undertaken to fill up 41,610 posts of Police Constables.

.

LEXIS AND COMPANY
"ADVOCATES AND LEGAL CONSULTANTS"
We are India’s Leading Law Firm
“The firm has always strives to create and implement innovative and effective methods of providing cost-effective, quality representation and services for our clients and will continue to meet and exceed the expectations of our valued clients.”

–    DR ANUPAM KUMAR MISHRA (ADVOCATE, FOUNDER-LEXIS AND COMPANY).

Get in Touch

LEXIS AND COMPANY.
C/O: DR ANUPAM KUMAR MISHRA.
OFFICE: A1B/26, JANAKPURI, GROUND FLOOR,
NEW DELHI,, DELHI, 110058.
INDIA.
lexisandcompany@gmail.com
CALL: +91-9830333388.

Comments

Popular posts from this blog

The Doctrine of Alternative Danger

  THE DOCTRINE OF ALTERNATIVE DANGER Although the plaintiff is supposed to be cautious in spite of the defendant’s Negligence, there can also be certain situations when the plaintiff is justified in taking some threat where some unsafe state of affairs has been created by way of the defendant. The plaintiff may appear as puzzled or worried through a hazardous state of affairs created via the defendant and to store his man or woman or property, or now and again to store a third party from such danger, he may take a choice risk. The law, therefore, lets in the plaintiff to come across a choice danger to shop by himself from the chance created via the defendant. If the path adopted by him results in some harm to himself, his motion in opposition to the defendant will now not fail. The judgment of the plaintiff, however, is not rash. The position can be defined by means of the case of Jones v . Boyce . In that case, the plaintiff used to be a passenger in the defendant’s train and inst...

Understanding Counterclaims: A Comprehensive Guide

  Understanding Counterclaims: A Comprehensive Guide In legal proceedings, a counterclaim is a vital tool that allows defendants to assert their own claims against the plaintiff. This strategic maneuver not only defends against the plaintiff's allegations but also enables defendants to seek their own relief. In this comprehensive guide, we delve into the intricacies of counterclaims, exploring their purpose, procedures, and implications in various legal contexts. Introduction to Counterclaims Definition A counterclaim is a legal claim brought by a defendant against the plaintiff in response to the plaintiff's initial complaint. It serves as a means for defendants to assert their own rights, defenses, or causes of action arising from the same transaction or occurrence as the plaintiff's claim. Purpose The primary purpose of a counterclaim is to allow defendants to present their side of the story and seek appropriate remedies or relief. By filing a counterclaim, defendants ca...

LAW INTERNSHIP AND TRAINEE OPPORTUNITY

  LAW INTERNSHIP AND TRAINEE OPPORTUNITY: LEXIS AND COMPANY, renowned for its excellence in the legal field, is thrilled to announce an exceptional internship and trainee opportunity for aspiring final year law students and newly enrolled Advocates. This highly coveted internship  and trainee opportunity  is a paid position, providing a remarkable platform for career growth and experiential learning in a corporate environment. Eligibility: Only for final year Students and Newly Enrolled Advocates. We are offering a limited number of vacancies, designed for law students and newly enrolled advocates in the dynamic world of the legal profession. This is an immediate joining opportunity, available to candidates who are interested to work in the area of commercial and civil litigation and have interest towards drafting, and legal research. As a team member at  LEXIS AND COMPANY,  you will refine your research and drafting skills while witnessing the meticulous profes...