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SANJAY KAROL, N. KOTISWAR SINGH
West Bengal State Electricity Transmission Co. Ltd. – Appellant
Versus
Dipendu Biswas – Respondent
| Table of Content |
|---|
| 1. filling vacancies for persons with disabilities (Para 2 , 5 , 6) |
| 2. qualified unreserved candidates have priority (Para 14 , 19) |
| 3. vertical and horizontal reservations defined (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 4. open category defined, with considerations for disability (Para 26 , 27 , 28 , 30) |
| 5. merit must prevail in unreserved category appointments (Para 31 , 32 , 38 , 41) |
| 6. court found earlier judgment misunderstood recruitment notification (Para 48 , 49) |
JUDGMENT :
NONGMEIKAPAM KOTISWAR SINGH, J.
1. The present appeal has been preferred against the judgment and order dated 07.05.2024 passed by the Division Bench of the High Court at Calcutta in MAT 69/2024 with CAN 1 of 2024, whereby the order passed by the Single Bench in WPA 26312/2023 was set aside.
2. The core issue involved in this appeal relates to the manner of filling of a vacancy reserved for Person with Disability with Low Vision (PWD-LV) in the Unreserved category UR (PWD-LV)1 [UR (PWD-LV): Unreserved (Persons with Disabilities - Low Vision or Blindness)] where the recruitment notification stipulated that in case of non-availability of qualified unreserved candidate in the PWD-LV category, the vacancy w
The principle of merit must prevail in filling unreserved vacancies for Persons with Disabilities, allowing the appointment of meritorious candidates from any reserved category when more qualified th....
Unreserved posts, even when subject to horizontal reservation for specific categories like disability, are open to all candidates regardless of social category. Merit is the sole criterion for appoin....
The court clarified the distinction between horizontal and vertical reservations and ruled that candidates applying from the open category cannot be denied placement based solely on their reserved ca....
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.
The main legal point established in the judgment is that the reservation for PWD candidates is horizontal and candidates must be appointed against vacancies exclusively earmarked for them.
Candidates from reserved categories can claim horizontal reservations in open categories based on merit unless explicitly prohibited by law or policy.
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