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ARINDAM LODH
Sangita Tanti – Appellant
Versus
Union of India – Respondent
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 candidat
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.
A reserved category candidate who qualifies based on merit and utilizes relaxations available to all candidates is eligible for selection in the general category, not counted against reserved vacanci....
relaxation given in height or chest are available to candidates from a specific region, where the candidate belong to reserved or un-reserved category, cannot lead categorization of the candidates ex....
Congenital abnormalities like nevi are not grounds for disqualification unless they impede duty performance; height relaxations for North-East candidates do not constitute unfair advantages.
Point of law: if a candidate who secured more marks than the last selected candidate, if a candidate from OBC/BC has secured more marks than the last selected candidate from open category, such candi....
The court ruled that reserved category candidates who availed age relaxation cannot migrate to general category vacancies, ensuring adherence to equal treatment principles.
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....
Reservation – For allocation of unreserved vacancy to a candidate of reserved category, selection must be on ‘General Standard’ without availing any ‘Relaxed Standard’ in either eligibility or select....
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.
Appointment – State Government and its functionaries are obliged to go strictly in order of merit and apply principle of reservation.
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