Candidates belonging to reserved categories eligible for general category vacancies based on merit: Supreme Court

21st Dec

Candidates belonging to reserved categories eligible for general category vacancies based on merit: Supreme Court

The Supreme Court has observed that the candidates belonging to reserved category are eligible to fill general/open category vacancies as well.
The bench comprising of justices Uday Umesh Lalit, S.Ravindra Bhat and Hrishikesh Roy held that this principle should also be followed while filling vacancies in horizontal reservations in open category.
The court has disapproved the view taken by the some high courts that at the stage of recruiting candidates for effecting horizontal reservation, the candidates from reserved categories can be adjusted only against their own categories under the concerned vertical reservation and not against the open category.
This case refers to the selection process undertaken by state of Uttar Pradesh to fill up more than 10,000 posts of police Constables.
The bench in its judgment has referred to various earlier judgments of Supreme Court and high court which deals with the issue of vertical and horizontal reservation. The court noted that the high courts of Bombay, Rajasthan have adopted the same principle while dealing with horizontal reservation whereas the high court of Allahabad and Madhya Pradesh have adopted a contrary view. According to this view, at the stage of accommodating candidates for effecting horizontal reservation, the candidates from reserved categories can be adjusted only against their own categories under the concerned vertical reservation and not against the open category. Disapproving the second view, the bench further said that, the second view may lead to a situation where while making adjustment for horizontal reservation in open category seats, less candidates may be adjusted.