Libertatem Magazine

Libertatem: Navigating Legal Perspectives

Reserved category candidates entitled to be considered against General Category posts for compassionate appointment. [Jitendra v. State of M.P ; ordered on 20.7.2016]

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The High Court of Madhya Pradesh has held that a reserve category candidate is entitled to be considered for compassionate appointment against a General category post. Justice Sujoy Paul observed that appointment/candidature of reserved category candidate cannot be rejected solely on the ground of non-availability of reserve category post as per reservation roster. The Court has however clarified a General category candidate does not have any such right of consideration against a reserve category post. Jitendra’s appointment was cancelling for the sole reason that, as per the reservation roster, no post in “SC category” was lying vacant.

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