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AJIT KUMAR
Akhilesh Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Utkarsh Birla, learned counsel for the petitioners, Sri Neeraj Tripathi, learned Additional Advocate General assisted by Sri J.N. Maurya, learned Chief Standing Counsel for the State-respondents and Sri A.K.S. Parihar, learned counsel appearing for the respondent-Board.
2. Petitioners before this Court have been applicants against the post of Assistant Teachers in Trained Graduate Teacher (TGT) by the UP Secondary Education Service Selection Board, Prayagraj vide advertisement No.1/2001 dated 15.03.2021.
3. The examination for selection namely the TGT Examination, 2021 was to be held in respect of 12,603 vacancies that were notified out of which 1742 vacancies were in the subject of Hindi and boys category. Out of 1742 vacancies, (Hindi Subject) 1054 were published for general category and 405 were published for OBC category (boys). Petitioners being eligible their candidature was considered. They duly participated in the selection process. However, they could not make it successful for having secured below 307.38 marks to find place in the final select list that formed panel of selected candidates in the OBC category.
4. Besides the final select list that was p
The main legal point established in the judgment is the principle of migration from reserved category to open category based on merit, as mandated by Article 14 and Article 16(4) of the Constitution,....
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.
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.
Reserved category candidates who score above the general category cut-off must be treated as general candidates, ensuring merit prevails in recruitment processes as mandated by the Constitution.
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