Candidates selected based on merit without any category-specific relaxation should not be categorized under reserved vacancies but treated as part of the general category.

JUDGMENT

1. By way of filing the above writ petitions, the petitioners have challenged the selection procedure adopted by the respondents for selection and appointment to the post of Constable (GD) in the Central Armed Police Forces (CAPF), NIA & SSF & Rifleman (GD) in Assam Rifles in so far as it debars a candidate from the reserved category from being adjusted against the general vacancy if the candidate has availed any relaxation irrespective of the fact that such relaxation is also available to the general category candidates.

2. Heard Ms. R. Guha, learned counsel alongwith Mr. M. Debnath, and Mr. D. J. Saha, learned counsels appearing for the petitioners of this batch of writ petitions. Also heard Mr. B. Majumder, learned Asstt. S.G. appearing for the respondents-Union of India.

3. Ms. Guha, learned counsel appearing on behalf of the petitioners has submitted that all the petitioners have secured higher marks than those of many general category candidates, though they are reserved category candidates. Learned counsel appearing on behalf of the petitioners has further submitted that if a candidate of the reserved category secures higher marks than that of general category candidates without the 'aid of any crutches', then, his/her selection should be on the basis of merit and not on the basis of the reservation and he/she shall have to be treated as a general category candidate because he/she makes it on his/her own merit and not by reason of the category to whom he/she belongs.

4. It is now well settled that when a candidate gets selected for admission or for appointment to a post on the basis of his own merit and without availing the relaxations that are available to him, then his selection would not be taken into consideration against the reserved post.

5. Similar question was raised before a Division Bench of the Delhi High Court where the similar claim of a writ petitioner (Hemant Pokhriyal Vs. Staff Selection Commission & Ors) was disposed of in the manner as under:-

'10. In Indra Sawhney & Ors. v. Union of India & Ors. (1992) Supp (3) SCC 217, the Supreme Court has held as under:-

"[It] is well to remember that the reservations under Article 16(4) do not operate like a communal reservation. It may well happen that some members belonging to, say, Scheduled Castes get selected in the open competition field on the basis of their own merit; they will not be counted against the quota reserved for Scheduled Castes; they will be treated as open competition candidates.'

11. A similar view has been reiterated by the Supreme Court in R.K. Sabharwal and Others v. State of Punjab and Others , (1995) 2 SCC 745 ; Union of India and Others v. Virpal Singh Chauhan and Other , (1995) 6 SCC 684 ; Ritesh R. Sah v. Dr. Y.L. Yamul and Others , (1996) 3 SCC 253 .

12. This Court also finds that the examination notice in para 11(xiii) specifies that if a SC, ST, OBC and Ex-Serviceman are selected on their own merit and without any relaxed standards relatable to aforesaid categories or without consideration larger than what is provided for General category, then the candidate is not to be adjusted against the reserved vacancies.

RELAXATIONS IN MEASUREMENT OF HEIGHT AND CHEST ARE AVAILABLE TO ALL THE CANDIDATES FROM GARHWAL REGION WHETHER THE CANDIDATE BELONGS TO A RESERVED OR UNRESERVED CATEGORY. PARA 11(XIV) CLEARLY STATES THAT WHEN A RESERVED CATEGORY CANDIDATE IS SELECTED ON THE SAME STANDARD AS APPLICABLE TO A GENERAL CANDIDATE THEN HE SHALL NOT BE ADJUSTED AGAINST RESERVED VACANCIES.

13. This Court is of the view that the relaxations in measurement of height and chest are available to all the candidates from Garhwal Region or other specified regions whet