NEW DELHI: The Supreme Court ruled on Thursday that reserved-category candidates who score higher than the final general-category contender are entitled to a seat or position in the General Category.
According to Bar & Bench, the Supreme Court was hearing an appeal by Bharat Sanchar Nigam Limited (BSNL) against an order of the Rajasthan High Court that held that the two reserved category candidates’ selection should be adjusted against the general category because they scored higher than the last of the general category candidates appointed.
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Candidates from reserved categories can also claim seats in unreserved categories provided their merit and location on the merit list allow it, according to the bench comprising Justices MR Shah and BV Nagarathna observed.
When dealing with a matter of two OBC category candidates seeking a job in the BSNL, the court apparently relied on several top court rulings, notably Indra Sawhney Versus Union of India of 1992, often known as the Mandal Commission verdict.
According to reports, the case involves the appointment of Telecom Technical Assistants (TTAs) in accordance with BSNL’s notification dated October 6, 2008, which was issued for the purpose of filling TTA positions.
The appointment was to be made through a direct recruitment process in the Rajasthan Telecom Circle, which included an open competitive test.
According to the apex court, the Rajasthan High Court correctly observed and held that two reserved category candidates, Alok Kumar Yadav and Dinesh Kumar, who had higher marks than the general category candidates appointed, were entitled to appointments in the general category, and the seats reserved for OBC candidates had to be filled from and among the remaining OBC candidates, according to the Bar & Bench report.
According to a Live Law report, the Central Administrative Tribunal in Jodhpur granted a candidate’s application, stating that those candidates from the OBC category who had more merit were required to be adjusted against the general category seats, and that the seats reserved for the OBC category were required to be filled from the remaining reserved category candidates on merit. The High Court dismissed BSNL’s writ petition appealing the Tribunal’s decision.