Back
K. VINOD CHANDRAN, RAJIV ROY
Kumar Gaurav Singh – Appellant
Versus
Bihar Staff Selection Commission, Patna – Respondent
K. Vinod Chandran, CJ. – The tricky question of reservation and the mandate to confine it to 50%; so as to not compromise merit is the subject matter agitated herein. The application of the principle, on the facts of the case resulted in meritorious reserved candidates (for brevity, ‘the MRC’) being given their choice districts; enabled only by reason of their higher merit, leading to ouster of reserved candidates to accommodate the meritorious general candidates in the resultant vacancies.
2. Two line of decisions of the Hon’ble Supreme Court, one in the matter of recruitment in public employment and the other in the matter of admissions to academic institutions were relied on by the appellant and the respondents respectively, to support their rival contentions. The appellant, the Bihar Staff Selection Commission (for brevity, ‘the BSSC’) asserts the distinction insofar as admission to academic institutions and appointment to service; while the respondents- the candidates from the reserved category, who were ousted from the select list by reason of ‘the MRC’ candidates having occupied reservation posts, assert that the principle applied in admission to academic institutions squarel
Candidates from Scheduled Areas must be appointed and posted according to their selection for Scheduled Area vacancies, respecting their rights under the applicable rules.
A candidate belonging to a reserved category, if selected under the General/Open Category, is entitled to be considered for posting as per his or her preference on the basis of his or her merit among....
Candidates securing higher marks than unreserved category cannot claim reservation benefits unless explicitly provided by state policy; constitutional provisions require formal policy to confer reser....
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.
Reservation – Merit must be given precedence and if candidates, who belong to SCs, STs and OBCs have secured higher marks or are more meritorious, they must be considered against seats meant for unre....
It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
