Bin Anamat varg ni jatio nakki karva babat latrst Paripatra
Some newspapers have misreported a recent judgment (Deepa EV v. Union of India) of the Supreme Court, claiming that the judgment states that candidates from the “reserved” category (SC/ST/OBC) can’t claim seats in the general category in any case. Such claims state that 50% of all seats are completely “reserved” for the general category, and no SC/ST/OBC person can have a claim on such seats, even on the basis of merit. However, the actual judgment does not imply anything of this sort. Moreover, the law on this point – whether reserved category candidates can claim seats in the general category on the basis of merit – is very clear.
Bin Anamat varg ni jatio nakki karva babat latrst Paripatra
In Deepa E.V., the appellant belonged to the OBC category and had availed age relaxation (as was granted to OBC category candidates). Since no candidate from the general category had secured the minimum cut-off score, the appellant filed a writ petition before the high court to be accommodated in the general category. The high court dismissed the petition. The Supreme Court affirmed this decision and held that:
“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.”
The reason, as per the court, was “there is an express bar for the candidates belonging to SC/ST/OBC who have availed relaxation for being considered for General Category candidates.” The court was reading the existing rules and proceedings of Department of Personnel and Training, which stated that: “[W]hen 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."
Bin Anamat varg ni jatio nakki karva babat latrst Paripatra
