Reserved Category Candidates are Eligible for Vacancies under the General Category, says Supreme Court

Must Read

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law...

Follow us

The Supreme Court in an attempt to block diluting of merit under the General Category said that the Reserved Category Candidates are Eligible for Vacancies under the General Category.

In a recent judgment passed by the Supreme Court, the issues that arise due to reservations have been artfully negotiated about. In the case of Saurav Yadav v. State of Uttar Pradesh, the issue that was brought forward in the Supreme Court talked about the complications that arise from trying to specify the relationship between vertical and horizontal reservations.

Accordingly, Article 15(4) and Article 16(4) provide vertical reservations based on bifurcating the population into four groups, namely, Schedule Caste (SC), Schedule Tribe (ST), Other Backward Class Communities (OBC), and General Category. Apart from these reservations, there are certain reservations for women, differently-abled persons, army/military personnel, freedom fighters, etc. These reservations are termed as Horizontal Reservations.

In previously dealt cases, like in Anil Gupta v. State of Uttar Pradesh, the issue arose while trying to specify the relationship between the two categories. The court, however, in the ruling of this case, made it very clear that the horizontal reservation ought to be generally understood in compartmentalized terms, as a nod to recognition of inequalities within each vertical category. Even though the issue was different in this case, it anyhow did highlight absurd interpretive illustrations that are present in our system.

In the Anil Gupta Case, two candidates, one belonging to the OBC-Female and another belonging to the SC-Female participated in the selection process in 2013 for filling up posts of constables in Uttar Pradesh police. Their grievance was that candidates with marks lower than what they secured had been selected in the General Female category disregarding their claim. The state has horizontal reservations for women candidates, and the state had submitted that it would not be possible to carry forward the vacancies under horizontal reservation to the next election, in case the appropriate number of candidates for the horizontal reservation was not available. The Allahabad High Court had accepted this plea.

The cut-off marks for eligible females (general category) were 274.8928. While all-male candidates belonging to OBC, SC, ST category securing more than the cut-off marks 313.616 for the male candidates in the general/open/unreserved category were selected, the same standard was not applied to the OBC or SC or ST women category candidates, although they had obtained more than the cut-off marks for the female candidates in the general or open or unreserved category.

The bench rejected the views of Allahabad and Madhya Pradesh High Courts and described the view adopted by the High Courts of Rajasthan, Bombay, Uttarakhand, and Gujarat as correct and rational.

A Three-Judge Bench was formulated for the hearing, in the Supreme Court.

Underlying the reasoning, that the critics of reservation are likely to endorse the view that the open category, which is free of reservation of any kind, must be available only to candidates who are not the beneficiaries of any reservations, so that merit is accommodated to the extent possible, the assumption made is that reservations and merit and incompatible in principle.

In the present case, the Supreme Court explained how erroneous the assumption (stated above) was in a nuanced way. While the Apex Court reiterated its steps into its past judgements, it analyzed the ones that the High Courts had given in the cases, where they held that candidates belonging to reserved category can be considered to fill horizontal reservations under the open category on their own merit, as opposed to what Supreme Court has held in its past judgements, related to the issue, so far.

In the Saurav Yadav case, the defenders of radical inclusion think that by merely displacing the merit with inclusion, social justice can be achieved. But what people do not realize is that it includes the consequences of leaving intact the idea that those included come through by casting aside merit.

The court, as explained, is trying to argue that for its purposes, the opposition differences between the merit and the reservation needs to be deconstructed, not because there is nothing as merit or because the entire concept of reservations does not belong here. The court is trying to say that,

“Members of the reserved category must be fully considered as falling under the rubric of being potentially meritorious.”


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgement from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also contribute blog, articles, story tip, judgment and many more and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition sought a speedy decision in...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law students in Uttar Pradesh. The...

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

“Anganwadi Centers to Be Reopened Outside the Containment Zones, Which Is to Be Decided by the State”: Supreme Court

This case concerns the reopening of the Anganwadi Centers after they had been closed due to the lockdown being imposed.  Brief facts of the case This...

“Credit Facilities Being Granted by the Primary Agricultural Credit Society to the Non-Members Is No Longer Illegal”: Supreme Court

This Case concerns the dispute relating to the grant of tax exemption under Section 80P of the Income Tax Act, 1961.  Brief facts of the...

More Articles Like This

- Advertisement -