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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Md. Muzaffar Iqubal @ Md. Mujafafar Ikabal – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J. – The appellant has assailed the order of the learned Single Judge dated 05.11.2018 passed in C.W.J.C. No. 13730 of 2018.
2. Appellant - Md. Muzaffar Iqubal @ Md. Mujafafar Ikabal, 7th Respondent – Md. Jubair Shafi and 8th Respondent - Mayank and non-impleaded candidate Moni Kumari were candidates among others for the post of Senior Treatment Supervisor pursuant to the Advertisement dated 23.06.2016. Respondent Nos. 7 and 8, even though, they have claimed their candidature under reservation. Having regard to the merit they have been adjusted against unreserved category of two posts. The remaining one post under unreserved category, Moni Kumari has been adjusted under woman reservation.
3. Learned counsel for the appellant submitted that appellant was more merited candidate under unreserved category, therefore, his name should have been considered for one of the vacancy under unreserved category (among three posts). It is submitted that among the unreserved category of three posts there is no sub-classification of reservation so as to accommodate Moni Kumari against the third post like woman reservation. To that extent, learned Single Judge has not appreciated. The
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 court established that horizontal reservations must ensure that women candidates fulfilling merit criteria cannot be displaced by category claims if they satisfy reservation requirements.
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....
Reservation for women in job postings requires adherence to merit, enabling candidates from reserved categories to compete for unreserved positions, based on legal provisions stipulated in the Assam ....
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