Candidate Who Availed Reservation Cannot be Adjusted in UR Category

Sumer Singh Vs Surajbhan Singh and others

The Hon’ble Supreme Court has held in the following case that reserved candidate cannot avail UR vacancy who has availed reservation or any relaxation meant for reserved category, cannot be adjusted in UR category despite of obtaining Higher Marks. In Deepa E.V. Vs. Union of India and Ors.  The Supreme Court has rendered  a land mark judgment. The brief facts and relevant paras of judgment are appended below : –

“2. The appellant applied for the post of Laboratory Assistant Grade II in Export Inspection Council of India functioning under the Ministry of Commerce and Industry, Government of India. The appellant belongs to Dheevara community which is one of the “Other Backward Class”. Since the appellant was aged 26 years, she got age relaxation, as was granted to OBC category candidates. The appellant was one of the eleven candidates from OBC who were called for interview. The appellant secured 82 marks (in the list of candidates from OBC category). One Ms. Serena Joseph (OBC), who secured 93 marks was selected and appointed.

3. Insofar as the general category is concerned, no candidate has secured the minimum cut off marks i.e. 70 marks. Stating that the appellant has to be accommodated in the general category, she filed a Writ Petition before the High Court, which the learned Single Judge dismissed by judgment dated 16.1.2015. Being aggrieved, the appellant challenged the same in Writ Appeal No.827 of 2015, which came to be dismissed, which is impugned in this appeal.

4. The appellant, who has applied under OBC Category by availing age relaxation and also attending the interview under the ‘OBC Category’ cannot claim right to be appointed under the General Category.

In the following paragraphs the Govt. letters has been considered : –

” The instructions contained in the above OM apply in all types of direct recruitment whether by written test alone or written test followed by the interview alone.

2. The above OM and the O.M. No.36012/2/96-Estt.(Res.), dated 2.7.1997 provide that in cases of direct recruitment, the SC/ST/OBC candidates who are selected on their own merit will not be adjusted against reserved vacancies.

3. In this connection, it is clarified that only such SC/ST/OBC candidates who are selected on the same standards as applied to general candidates shall not be adjusted against reserved vacancies. In other words, when a relaxed standard is applied in selecting an SC/ST/OBC candidates, for example in the age-limit, experience, qualification, permitted number of chances in written examination, extended zone of consideration larger than what is provided for general category candidates, etc., the SC/ST/OBC candidates are to be counted against reserved vacancies. Such candidates would be deemed as unavailable for consideration against unreserved vacancies.”

Finally the Supreme Court dismissed appeal of the appellant and held that reserved candidate cannot avail UR vacancy if he has availed any relaxation meant for reserved candidate.

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