Reservation policies in public employment must prioritize merit; candidates from reserved categories who qualify for general positions based on merit are to be treated as general category candidates.

JUDGMENT

SATISH CHANDRA SHARMA, J.

1. Leave granted.

2. The present appeals arising out of the final judgment and order dated 19.02.2020 passed by the Division Bench of the Hon’ble High Court of Kerala at Ernakulam in Writ Appeal bearing W.A. No. 1581 of 2018 (hereinafter “the Impugned Judgment”). SLP(C) No. 10686 of 2020 has been preferred by the Airport Authority of India (hereinafter “the Appellant Authority”), and SLP(C) No. 12937 of 2021 is filed by Krishna Chandran and another who had been impleaded as an additional Respondent in W.A. No. 1581 of 2018.

3. The Impugned Judgment directed, inter alia, that Sham Krishna (hereinafter “the first Respondent”), who is the Writ Petitioner, be appointed to a vacancy left vacant pursuant to the Learned Single Judge’s orders in Writ Petition No. 35998 of 2016. The Division Bench further directed the Appellant Authority to publish rank lists immediately after selection and to ensure that roster points are filled in accordance with the model roster in the Office Memorandum issued by the Department of Personnel and Training dated 02.07.1997 (hereinafter “1997 DoPT Office Memorandum”). With respect to the impleaded candidate, the Court denied any relief, noting that he did not challenge the selection or denial of his appointment in a timely manner.

4. In the year 2013, the Appellant Authority issued Advertisement No. 01/SR/2013 inviting applications for appointment to the post of Junior Assistant (Fire Service) in the scale of pay of Rs. 12,500 - 28,500. The total number of posts notified was 244 +1, out of which 122 posts were earmarked as unreserved, 78 for Other Backward Classes (hereinafter “OBC”), 22 for Scheduled Castes (hereinafter “SC”) and 22 +1 for Scheduled Tribes (hereinafter “ST”), with +1 being a carried forward vacancy.

5. The notification prescribed the following qualifications: (i) Pass in Class X and a regular three-year Diploma in Mechanical, Automobile or Fire Engineering with not less than 50% marks; or (ii) Pass in Class XII (regular study) with not less than 50% marks together with one of the following licences: (a) a valid heavy vehicle licence; or (b) a valid medium vehicle licence issued at least one year before 30.04.2013; or (c) a valid light motor vehicle licence issued at least two years before 30.04.2013.

6. The recruitment received 12,891 applications, of which 7,278 candidates were found eligible to appear for the written examination. The written test prescribed qualifying marks of 50 out of 100 for general category candidates and 40 out of 100 for SC/ST candidates, and 478 candidates qualified in the written examination. All 478 candidates were called for the subsequent stages of selection, namely the physical measurement test, driving test, physical endurance test and interview. Upon completion of the entire selection process, 185 candidates remained qualified, out of whom 158 candidates were initially selected, and the remaining 27 candidates were placed on the panel.

7. The first Respondent, who is the Writ Petitioner, had applied for appointment to the post of Junior Assistant (Fire Service) and participated in all stages of the selection process. He qualified at each stage but was not included in the final list of selected candidates.

8. As the select list was not published on the official website of the Appellant Authority, the first Respondent submitted an application dated 22.06.2016 under the Right to Information Act, 2005 (hereinafter “2005 Act”).

9. In response, he was furnished with the select list along with mark details by a