Supreme Court: If the merit of the reserved candidate is better than the general, then only entitled to the general quota

Pankaj Prasad
Pankaj Prasad 29/04/2022 08:27 IST
 supreme court, reserved candidate, general category, Telecom Technical Assistant, BSNL, Jodhpurs Central Administrative Tribunal, OBC

The bench said that when two candidates belonging to the reserved category are appointed in the general category, there should not be a dispute that two persons from the general category, who were already working, were fired.

The Supreme Court has said that if the merit of a candidate belonging to the reserved category is better than that of the general candidate of the last rank, then he is entitled to a seat in the general category. In this situation, the reserved category candidate can claim the seat in the general category i.e. unreserved category.

In the year 2008, BSNL was recruited for the posts of Telecom Technical Assistant in Rajasthan. Other backward class (OBC) candidate had filed a petition saying that the merit of two OBC candidates is more than the last rank candidate in the general category, so both these candidates should be appointed in the general category. After that the vacant space should be filled by the reserved category candidates.

A bench of Justices MR Shah and BV Nagarathna observed that when two reserved category candidates will be appointed in the general category, there should not be a dispute that two persons from the general category, who were already working, were fired. Since they are working for a long time, they should not be fired and only reserved category candidates should be appointed against the vacant seats of reserved category.

Earlier, Jodhpur's Central Administrative Tribunal (CAT) ordered two OBC candidates, whose merit was higher than the general category candidates, to be appointed in the general category as well as to fill the vacant seats of the reserved category with the reserved category candidates. were.

Against this decision of the tribunal, BSNL had filed a writ petition in the High Court, where its petition was dismissed. After which BSNL filed a petition in the Supreme Court.


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Category: India

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#reservedcandidate
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