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ATTAU RAHMAN MASOODI, BRIJ RAJ SINGH
Mahendra Pal – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. common questions of law regarding teacher recruitment. (Para 1 , 2 , 3 , 4) |
| 2. history and provisions regarding teacher recruitment and reservation. (Para 5 , 6 , 7) |
| 3. legal challenges and prior judicial decisions on recruitment rules. (Para 8 , 10 , 11 , 12) |
| 4. allegations of irregularities in candidate selection. (Para 13 , 14 , 15) |
| 5. arguments from appellants and respondents about selection policies. (Para 16 , 39 , 40) |
| 6. revised selection list preparation based on cumulative qualifications. (Para 38) |
| 7. court's reasoning on merit and reservation application. (Para 41 , 42 , 43 , 61) |
| 8. court orders for revising teacher recruitment process. (Para 62 , 63) |
JUDGMENT :
Attau Rahman Masoodi, J.
The bunch of appeals involve common questions of facts and law, therefore, they were heard together and are decided by a common judgement and order.
2. The aforementioned bunch of intra-Court appeals filed under Chapter VIII Rule 5 of the Rules of the Court is directed against the judgement and order dated 13.3.2023 passed by the learned Single Judge in Writ-A No. 17919 of 2021
The court held that the reservation process must integrate all qualifying evaluations to ensure equitable treatment for candidates from reserved and unreserved categories, as mandated by law.
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.
(1) Reservation – Relaxation or concession in qualifying examination merely creates a level playing field where no concession or relaxation is granted in ultimate selection and same is solely made on....
Merit-based selection requires inclusion of qualified candidates from reserved categories in the unreserved list at the preliminary examination stage, ensuring compliance with equality and fairness p....
Reserved category candidates who received eligibility concessions cannot migrate to the unreserved category based on merit scores, as this would undermine educational standards.
Reserved category candidates who availed eligibility concessions cannot migrate to the unreserved category based on merit scores, as it undermines educational standards.
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.
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.
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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