Reserved Category Candidate Who Scores More Than Last Unreserved Category Candidate Is Entitled To General Seat- Gauhati HC
A Gauhati High Court Bench of Justice Achintya Malla Bujor Barua has stressed that if a reserved category candidate secures more marks in order of merit than the last selected general category candidate, his candidature is to be considered as a general category candidate for the merit purpose.
Counsel MD H R Ahmed appeared for the petitioner while CGC SS Roy appeared for the respondents.
In this case, the petitioner had participated in a selection process for the post of Constable (GD) in the CAPFs. The petitioner belonged to the OBC category. Being a candidate belonging to the OBC category, the petitioner was entitled to a relaxation in the required height and size of the chest. By availing of such relaxation regarding height and chest, the petitioner entered the selection process as an OBC category candidate. According to the petitioner, although he availed the relaxation in height and size of chest, in the selection process as per merit, the petitioner was above the merit of the last selected general category candidate and claimed that he should be selected and appointed as a general category candidate.
The situation had arisen as the last selected candidate in the OBC merit-wise was in a higher position than the last selected candidate in the general category. The petitioner, as an OBC category candidate, was not eligible in the category of OBC. Still, his merit performance placed him at a position higher than the last selected general category candidate.
The Court observed that "As per the law of reservation, if a reserved category candidate secures more marks in order of merit than the last selected general category candidate, his candidature is to be considered as a general category candidate for the merit purpose."
In furtherance of the same, the Court said that "as the petitioner had secured more marks than the last selected general category candidate, we are of the view that the petitioner is entitled to be selected and appointed as Constable (GD) as general category candidate."
Consequently, the Court directed the respondents to pass a reasoned order by taking note of the Court's conclusion and accordingly issue appropriate appointment orders.
Cause Title: Biplab Karmakar v. Union of India & Ors.
Click here to read/download the Judgment
