Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Deepika – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. jbt recruitment process with district allotment per merit and preferences. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. meritorious reserved candidates shifted to general category merit list. (Para 7) |
| 3. reserved candidates with superior merit qualify for general vacancies. (Para 8) |
| 4. ramesh ram allows mrc migration to retain preferred service allocations. (Para 9) |
| 5. district postings analogous to services; protect mrc preferences post-shift. (Para 10) |
| 6. direct preferred district allotment; mandate future procedural guidelines. (Para 11) |
JUDGMENT :
JYOTSNA REWAL DUA, J.
Petitioner emerged as meritorious candidate belonging to the reserved category. She had exercised option for appointment in districts as per her order of preference in accordance with law. Based upon her merit, respondents shifted the petitioner from reserved category to General category. Petitioner’s placement in the general category was not at higher pedestal. As a consequence thereof, the petitioner lost out on getting appointed in District Solan as per her preferred first option. It is against this background that the petitioner has instituted the present writ petition seeking directions to the respondents to a
Meritorious reserved category candidates shifted to general category retain entitlement to preferred district allotment as per reserved merit position to prevent disadvantage from higher performance.
A candidate belonging to a reserved category, if selected under the General/Open Category, is entitled to be considered for posting as per his or her preference on the basis of his or her merit among....
The allocation of postings must be fair, transparent, and based on established merit principles, ensuring that no employee is arbitrarily deprived of their rightful position.
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.
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....
Merit-based allocation must not disadvantage more meritorious candidates from reserved categories, as established in Supreme Court precedents.
Candidates securing higher marks than unreserved category cannot claim reservation benefits unless explicitly provided by state policy; constitutional provisions require formal policy to confer reser....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
